Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53191 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -PARBATTA District- KHAGARIA ====================================================== Gopal Kumar, S/o Prabhu Narayan Sah, Resident of Village- Salarpur, P.S.- Parbatta, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

08-10-2018 Heard learned counsel for the petitioner. No one appears on behalf of the State.

The petitioner is seeking anticipatory bail in connection with Parbatta P.S.

Case No.

21/2018 corresponding to G.R. No. 159/2018 registered under Sections 363, 366, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that on perusal of the written complain lodged by the informant it would appear that he has given the age of his sister as 18 years, further the sister of the informant has herself appeared before the police and her statement was got recorded under Section 164 Cr.P.C. vide Annexure-2 to the present application. She has categorically stated that her parents had married her to one Pankaj Kumar on 30th April, 2017 against her will. Her husband was demanding dowry from her which led to certain quarrel between them, and on 17.01.2018, she left her house on her own will. She has further disclosed that she was in love with this petitioner even prior to the marriage. She contacted this petitioner and

Patna High Court Cr.Misc. No.53191 of 2018 (2) dt.08-10-2018 went to Deoghar where the petitioner had also reached there and they solemnized marriage in the temple. On knowing that a case has been registered she had herself appeared before the police. Her age was assessed at about 161⁄2 years, she made a statement that she would live with her parents till attainment of the age of 18 years but thereafter she would go with this petitioner with whom she had already married. In the given facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - I, Khagaria in connection with Parbatta P.S.

Case No.

21/2018 corresponding to G.R. No. 159/2018, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T