Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54122 of 2017 Arising Out of PS.Case No. -161 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Raj Kumar Mahto Son of Gulab Mahto @ Gulab Chand Mahto, R/o Village- Chhatanwar, P.S.- Brahmpur, (K.B.), District- Buxar. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Brahmpur (K.B.) P.S. Case No. 161 of 2017 registered under Section 363 and 366/34 of the Indian Penal Code.

As per the prosecution case, petitioner is said to have kidnapped the daughter of the informant, namely, Sharda Kumari and performed marriage with her in association of his mother.

It is submitted by learned counsel for the petitioner that the victim was in love of the petitioner for a long and eloped with the him suo motu and performed marriage with him. By filing documents, learned counsel for the petitioner further submitted that the victim has given a letter before the Gram

Patna High Court Cr.Misc. No.54122 of 2017 (02) dt.14-12-2017 - 2 - Pradhan, Gamhar to the effect that she has been proceeding with the petitioner out of her sweet will and without any undue pressure. Both the petitioner and the victim have applied before the Sub Registrar, Buxar for getting their marriage registered and the Sub Registrar, Buxar vide letter dated 19.05.2017 has requested the Civil Surgeon, Buxar to accord him the medical certificate regarding the age of the victim. By filing several photographs, learned counsel for the petitioner has also submitted that both are majors and has performed marriage and are living happily but, subsequently, under pressure of her parents the victim has given otherwise statement under Section 164 Cr.P.C. The petitioner has been languishing in custody since 11.09.2017.

In the facts and circumstances of the case, the above named petitioner is directed to 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, Buxar in connection with Brahmpur (K.B.) P.S. Case No.161 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T