Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24082 of 2016 Arising Out of PS.Case No. -530 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Alok Kumar S/o Late Bidyanand Rai R/o Village - Yadwas, P.S. - Mahua, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rina Sinha, Advocate For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366, 366A/34 of the Indian Penal Code.

The prosecution case is of abducting the minor daughter of the informant.

It is submitted by the learned counsel for the petitioner that in 164 Cr.P.C. statement the victim got her age recorded 17 years, the Court also assessed as such, where she stated that she was forcibly taken by Ratnesh Kumar, Subodh Kumar Mahto and petitioner Alok Kumar, they confined her in a room, but she escaped from the captivity and returned home. It is submitted by the learned counsel for the petitioner that it is a case of love affairs between co-accused

Patna High Court Cr.Misc. No.24082 of 2016 (2) dt.30-05-2016 Ratnesh Kumar and the victim girl. There is no accusation that co-accused misbehaved with the victim and victim returned of her own. Co-accused Ratnesh Kumar has been granted bail by a Coordinate Bench of this Court vide Cr. Misc. No. 8213 of 2016. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 530 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T