Chandan Kumar Thakur @ Chandan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23076 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== Chandan Kumar Thakur @ Chandan Thakur, Son of Late Dinesh Thakur Resident of Village- Mow Dhaneshpur North, Police Station- Vidyapati Nagar, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Shyam Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Vidyapati Nagar P.S. Case No. 26 of 2017 instituted for the offence under Sections 363 and 366(A)/34 of the Indian Penal Code. The informant has alleged in the written report that his minor daughter aged about 16 years has been kidnapped by this petitioner.
The victim girl on recovery has given her statement under Section 164 Cr. P.C. wherein she has stated that she voluntarily gone with the petitioner and performed marriage with him. She has not been kidnapped. The girl in the statement under Section 164 Cr. P.C. has stated her age as 19 years whereas the Magistrate has assessed her age to be 18 years.
Patna High Court Cr.Misc. No.23076 of 2017 (2) dt.24-05-2017 2/2 In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Vidyapati Nagar P.S. Case No. 26 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsing Sarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.