Patna High CourtCR. MISC./31466/2017bail granted

Adarsh Kumar v. The State Of Bihar

2017-12-01Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.31466 of 2017 (5) dt.01-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31466 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -MADHWAPUR District- MADHUBANI ====================================================== Adarsh Kumar, son of Nunu Sah, Resident of Village- Pirokhar, P.S.- Madhawapur, Distirct- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Bhikhari Mandal, son of late Harish Chandra Mandal. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhwapur P.S. Case No. 29 of 2017, registered under Section 366(A)/34 of the Indian Penal Code.

The accusation is of enticing away the minor daughter of the informant by this petitioner with intention to perform the marriage.

Learned counsel for the petitioner submits that due to love affairs in between the petitioner and daughter of informant, she moved from her house and perform the marriage with the petitioner at Jaleshwar Temple, Janakpur, Nepal according to her own sweet will and expressed her desire to lead conjugal life with

Patna High Court Cr.Misc. No.31466 of 2017 (5) dt.01-12-2017 the petitioner, which would appear from her statement under Section 164 Cr.P.C., in which, her age has been detailed as 17 years, in medical examination her age has been assessed as 16 years on 18.09.2017.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipatti, Madhubani, in connection with Madhwapur P.S. Case No. 29 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T