Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38160 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -KHAIRA District- JAMUI ====================================================== Shankar Kumar, Son of Ramanandan Sav, Resident of Village- Akauna, P.S.- Amas, P.O.- Sherghati, Dist.- Gaya, Bihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dudheshwar Singh, Adv. For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 10.04.2018 in connection with Khaira P.S. Case No. 99/2018, G.R. No. 742/2018, for offences alleged under Sections 363, 366A and 34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that the informant's daughter aged about 15 years has disappeared from the house in the morning. It is alleged that one Raveen Kumar who happens to be the distinct relative must have taken her away.

It has been submitted by the learned counsel for petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. The victim girl in her

Patna High Court Cr.Misc. No.38160 of 2018 (2) dt.09-07-2018 2/2 statement under Section 164 Cr.P.C. has stated that she had love affair with the petitioner and her parents called her home on the pretext of marrying her with the petitioner. The learned Magistrate has assessed her age, as 16 years but the victim girl out of her own will has eloped with the petitioner. Petitioner undertakes to cooperate in the investigation.

Learned A.P.P. for the State however, opposes the prayer for bail.

Considering the facts and circumstances of the case and material on record, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 99/2018, G.R. No. 742/2018, subject to the condition that one of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Vinita/- U T