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Patna High CourtCR. MISC./40110/2014bail granted

Ranjeet Kumar @ Nishant Kumar Ray And ANR. v. The State Of Bihar

2015-03-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40110 of 2014 Arising Out of PS.Case No. -76 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Ranjeet Kumar @ Nishant Kumar Ray

2. Amarjeet Roy Both are sons of Jawahary Roy, Resident of Village - Khajuri, O.P.- Balwahat, P.S. - Bakhtiyarpur, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Bakhtiyarpur P.S. Case No.76 of 2014 registered for the offence punishable under section 366A read with 34 of the Indian Penal Code.

It has been contended that in course of investigation the victim was recovered and her statement was recorded by the learned Judicial Magistrate, 1st Class, Saharsa under section 164 of the Code of Criminal Procedure on 12th May, 2014 in which she disclosed her age to be 19 years and the learned Magistrate assessed her age to be 18 years. In her statement she has

Patna High Court Cr.Misc. No.40110 of 2014 (2) dt.04-03-2015 2/2 categorically stated that out of her own sweet will she went with the petitioner no.1 Ranjeet Kumar and married him. She has also stated that none has kidnapped her and she wants to go to her marital home.

Regard being had to the statement of the victim as contained in annexure-2 to this application, let the above named petitioners, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No.76 of 2014 subject to the conditions as laid down under section 438(2) Cr.P.C. (Ashwani Kumar Singh, J) Md.S./- U T