Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17959 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- Lalganj District- Vaishali ====================================================== Sanjay Kumar Son of Shree Upendra Singh Resident of Village- Purkhauli, P.S.- Lalganj, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 18 of 2022 lodged under Sections 363, 366(A) of the I.P.C.

As per the prosecution case, the allegation against the present petitioner is that he has kidnapped the sister of the informant with a view to marriage. In the F.I.R., the ascertain age is about 17 years.

Learned counsel for the petitioner submits that petitioner is innocent. It is not the case of kidnapping rather it is a case of marriage without consent of the family. He further

Patna High Court CR. MISC. No.17959 of 2022(3) dt.16-08-2022 2/2 submits that the alleged victim herself deposed before the Court in her statement under Section 164 of the Cr.P.C. that she entered into marriage with the petitioner. He further submits that the marriage was solemnized between the alleged victim and the petitioner with their consent. Before the Court she clearly said that she want to visit and leave with her husband's family. She disclosed about her age that her age is 18 years which is supported by Annexure-3.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Lalganj P.S. Case No. 18 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T