Sajan Kumar @ Sanjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56859 of 2018 Arising Out of PS.Case No. -635 Year- 2018 Thana -AHIYAPUR District- MUZAFFARPUR ======================================================

1. Sajan Kumar @ Sanjan Kumar, Son of Phultun Ray, Resident of VillageBhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Ahiyapur P.S. Case No. 635/2018, instituted for the offences under Sections 363 and 366(A) of the Indian Penal Code.

It is alleged in the written report that petitioner along with others have kidnapped the daughter of informant, who is aged about 16 years. They took her somewhere else. The daughter of informant could not be traced out.

It is mentioned in the impugned order that victim girl, on recovery, has given statement under Section 164 Cr.P.C. wherein she has given her age to be 18 years. Learned court below has also assessed the age of victim to be 18 years. She has stated

Patna High Court Cr.Misc. No.56859 of 2018 (2) dt.27-09-2018 2/2 in her statement that she called the petitioner and on 31.05.2018 they have performed marriage. Thereafter, they went to Delhi and started living as husband and wife.

The petitioner is in custody since 20.06.2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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, Muzaffarpur in connection with Ahiyapur P.S. Case No. 635/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T