Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66055 of 2018 Arising Out of PS.Case No. -104 Year- 2018 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramesh Kumar S/o Awadh Mahot R/o Village- Shekhauna, P.S. Bettiah Muffasil, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bettiah Muffasil P.S. Case No. 104/2018, instituted for the offences under Sections 366, 498 and 379/34 of the Indian Penal Code.

It is alleged in the written report that daughter-inlaw of the informant was kidnapped by this petitioner and other accused persons. It is also alleged that his daughter-in-law had taken away ornaments and cash of Rs. 1 lacs with her. Learned counsel for the petitioner has submitted that after returning back the victim lady has given her statement under Section 164 Cr.P.C., wherein she has stated that she was taken away by this petitioner. The petitioner kept her for about 20 days

Patna High Court Cr.Misc. No.66055 of 2018 (2) dt.19-11-2018 2/2 with him. The victim lady has stated her age to be 17 years. The court below has assessed the age of victim lady to be 18 years. Statement of victim lady recorded under Section 164 Cr.P.C. is annexed as Annexure-2.

Learned Addl. P.P. has submitted that victim was medically examined and her age was found to be above 19 years. In such manner, the victim was major.

From the statement of the victim lady, it appears that no force was applied by petitioner with the victim lady. She has lived with petitioner for 20 days.

Petitioner is in custody since 20.04.2018.

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, Bettiah, West Champaran in connection with Bettiah (Muffasil) P.S. Case No. 104/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J.) Rakhi U T