Pintu Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58632 of 2018 Arising Out of PS. Case No.-9 Year-2018 Thana- MIRGANJ District- Purnia ====================================================== Pintu Gautam S/o Late Jag Prasad Gautam @ Jagapra, R/o Vill.- Lalpur Chatar, P.S.- Tulsipur, District- Balrampur (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2018 Heard both sides.

The petitioner seeks bail in Mirganj P.S. Case No.9 of 2018, registered under Sections 363 and 366-A of the Indian Penal Code.

The informant alleged that the petitioner along with his friends kidnapped her minor daughter for the purpose of marriage.

The learned counsel for the petitioner submits that the victim made her statement under Section 164 Cr.P.C. but she did not make any allegation of establishing physical relation with her. The victim disclosed that the petitioner took her to his house but it appears that the victim was major. The doctor also assessed the age of the victim to be 19 years. The victim is a consenting party. There is no question of allurement. The

Patna High Court Cr.Misc. No.58632 of 2018(2) dt.20-09-2018 2/2 petitioner and the victim were having love affairs. Having considered the facts aforesaid, 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 1st Additional Chief Judicial Magistrate, Purnea in connection with Mirganj P.S. Case No.9 of 2018.

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