Patna High CourtCR. MISC./54751/2016bail granted

Vikash Kumar v. The State Of Bihar

2016-12-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54751 of 2016 Arising Out of PS.Case No. -307 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ====================================================== Vikash Kumar, Son of Upendra Mandal, Resident of Mohalla - Parbatti, P.S. Kotwali, District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of regular bail for offences punishable under Sections 363 and 366 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the admittedly there was love affair between the petitioner and the informant and she went along with the petitioner and married with him out of her own sweet will and there is no case of kidnapping is made out and now the charge-sheet has been filed in this case and the petitioner has been in judicial custody since 18.09.2016. Learned A.P.P., appearing on behalf of the State submitted that the girl in her statement recorded under Section 164 of the Cr.P.C., has stated her age to be 15 years and, therefore, the

Patna High Court Cr.Misc. No.54751 of 2016 (2) dt.20-12-2016 2/2 petitioner does not deserve to be enlarged on bail. Having heard both sides and in view of the perusal of the statement of the girl recorded under Section 164 of the Cr.P.C., it appears that no allegation has been made against this petitioner and as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. Case No. 307 of 2016.

(Vinod Kumar Sinha, J) sunil/- U