Dharm Raj Bind @ Dhanraj Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60848 of 2017 Arising Out of PS.Case No. -170 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Dharm Raj Bind @ Dhanraj Bind Son of Basant Bind R/o Village Mathachak, P.S. Kudra, District Kaimur at Bhabua .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kudra P.S. Case No. 170 of 2017 registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code.

The informant is the father of victim girl who has stated in his complaint made on 16.08.2017 that on 10.08.2017 his daughter aged about 12 years left for her maternal grandfather's house but thereafter she did not return. After six days he came to know that petitioner has kidnapped her to marry her, on such allegations FIR was registered against the petitioner and five others. It has been stated that the petitioner and others and their

Patna High Court Cr.Misc. No.60848 of 2017 (3) dt.16-01-2018 2/2 parents wanted to sell her in Delhi but somehow she managed to come before the police and thereafter she was sent to Kaimur and in her statement under Section 164 Cr.P.C. she has not alleged any torture or sexual assault against her. It has been further submitted that the girl is habitual in running from her house and similarly one month earlier also she had fled away from her house and went to in police station from where his father had taken her back to her home. It has been further submitted that petitioner has clean antecedent and he is in custody since 26.09.2017.

Considering the aforesaid facts and circumstances of the case, that the victim girl was not recovered from the possession of the petitioner and the FIR was lodged after six days of occurrence and she is habitual running away from the house, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur, in connection with Kudra P.S. Case No. 170 of 2017.

(S. Kumar, J) veena/- U T