Rakesh Kumar @ Rakesh Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33710 of 2015 Arising Out of PS.Case No. -267 Year- 2013 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. RAKESH KUMAR @ RAKESH TIWARI Son of Ramesh Tiwari, Resident of Mohalla chandmari, Police Station Town, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-08-2015 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 363, 366A/372/34 of the Indian Penal Code.
Accusation is of kidnapping the minor daughter of the informant.
It is submitted by the learned counsel for the petitioner that that the statement of the victim has been recorded under section 164 Cr.P.C wherein the court has assessed her age 18 years though as per the medical assessment the victim was found 17 to 18 years. The victim in her statement has stated that
Patna High Court Cr.Misc. No.33710 of 2015 (2) dt.13-08-2015 2/2 she has solemnized marriage of her own with Lokesh Kumar the brother of the petitioner. The victim has not named the petitioner.
Considering the aforesaid facts, the above named petitioner in the event of his arrest or surrender before the court below within a period of 12 weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Chhatauni P.S. Case No. 267 of 2013, subject to the conditions laid down under section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) M.Rahman/- U T