Gautam Kumar @ Gautam Raj v. The State Of Bihar

Patna High Court Cr.Misc. No.4689 of 2017 (2) dt.21-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4689 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== GAUTAM KUMAR @ GAUTAM RAJ S/o Devendra Thakur, Resident of Village- Simri, P.S. Simri, District- Darbhanga, at present residing at Gautam Kumar S/o Devendra Thakur, Mohalla- P & T. Colony, P.S. L.N.M.U. District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with L.N.M.U. P.S. Case No. 196 of 2016 registered for the offence punishable under Section 366(A) of the Indian Penal Code. Allegedly, the daughter of the informant aged about 16 years went out from her house saying that she was going to college but she did not return to her home till evening. It is alleged that the petitioner used to talk with the victim girl and he was roaming in her Mohalla and as such the petitioner with the help of his brother, father and maternal uncle kidnapped the minor daughter with some bad intention.

Submission is of false implication and that the victim girl has been examined under Section 164 Cr.P.C. in which she

Patna High Court Cr.Misc. No.4689 of 2017 (2) dt.21-02-2017 stated that her mother scolded her so she left her house on her own will and when her money finished then, she returned back, she also stated that no one has kidnapped her. The victim girl has been examined by the doctor and doctor has found her age to be 17-18 years and as such the petitioner deserves sympathetic consideration.

Learned APP submits that from the impugned order it reveals that the victim girl has not supported the allegation of kidnapping in her statement recorded under Section 164 Cr.P.C. In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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, Darbhanga in connection with L.N.M.U. P.S. Case No. 196 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T