Om Prakash Kumar @ Ramprakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16276 of 2020 Arising Out of PS. Case No.-29 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== Om Prakash Kumar @ Ramprakash Kumar, aged about 18 years, Son of Deep Narayan Yadav, Resident of Tikuliya, P.S.- Kumarkhand, Distt - Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Bam Bahadur Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-06-2020 Heard Mr. Bam Bahadur Jha, the learned counsel for the petitioner and Mr. Ajit Kumar, the learned Additional P.P. for the State through video conferencing.

The petitioner seeks bail in Chhatapur P.S. Case No.29 of 2019, registered under Sections 363, 366(A) and 34 of the Indian Penal Code.

The informant alleged that the petitioner and other accused persons kidnapped his daughter for the purpose of marriage.

Learned counsel for the petitioner submits that the victim, daughter of the informant, is an adult girl. She voluntarily solemnized marriage with the petitioner and she has also sworn affidavit but when the victim was released, she went to her house and made statement that the petitioner forcibly married with her. It is submitted that the petitioner moved all alone to different places

Patna High Court CR. MISC. No.16276 of 2020(2) dt.02-06-2020 2/2 along with the victim girl but she never raised any hue and cry. The petitioner is in jail since 18.12.2019.

Mr. Ajit Kumar, the learned Additional P.P. opposed the prayer for bail.

It appears that the informant named many persons including the petitioner and alleged that they all kidnapped the daughter of the informant but from perusal of the affidavit and the statement made by the victim under Section 164 Cr.P.C., it appears that the victim herself voluntarily left and went along with the petitioner. The victim and her statement recorded under Section 164 Cr.P.C. disclosed that the petitioner forcibly got her seated in a four wheeler vehicle and she became unconscious. She did not identify any person who kidnapped her.

Taking into consideration the facts aforesaid, the petitioner, above named, 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 C.J.M., Supaul in connection with Chhatapur P.S. Case No.29 of 2019.

(Prabhat Kumar Jha, J) S.KUMAR/- U T