Raju Mallik @ Raju Kumar Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30442 of 2021 Arising Out of PS. Case No.-92 Year-2020 Thana- DANDKHORA District- Katihar ====================================================== RAJU MALLIK @ RAJU KUMAR MALLIK Son of Pradeep Mallik Resident of Village - Muradpur, P.S.- Kadwa, Distt.- Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2021 Heard Mr. Krishna Prasad Singh, learned senior counsel along with Mr. Bhaskar Shankar, learned counsel for the petitioner learned A.P.P. for the State .

Petitioner seeks regular bail in connection with Dandkhora P.S. Case No. 92 of 2020 registered for the offence under Section 363, 366(A), 323, 341, 504, 506, 34 of the I.P.C. The allegation as per the First Information Report is that the petitioner allegedly kidnapped the minor daughter of the informant aged about 17 years.

Learned senior counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and in fact there was love affair between the victim girl and the petitioner and her age has been assessed by the medical board

Patna High Court CR. MISC. No.30442 of 2021(2) dt.07-12-2021 2/2 between 17-18 years. He further submits that the statement of the victim girl was recorded under Section 164 Cr.PC. in which she has categorically stated that she had gone with the petitioner on her own free will and has performed marriage with him. The petitioner is in custody since 23/09/2020 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 23/09/2020, the victim girl in her statement recorded under Section 164 Cr.P.C. has not stated anything against the petitioner and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar in connection with Dandkhora P.S. Case No. 92 of 2020.

(Anil Kumar Sinha, J) praful/- U T