Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 30560 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -GHORASAHAN District- EAST CHAMPARAN (MOTIHARI) =========================================================== Subodh Kumar Son of Jagat Narayan Prasad, Resident of village- Balapur, P.SGhorasahan, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar No. 3 & Mr. Rajesh Kumar, Advocates For the State :
Mr. P. K. Jha, A.P.P.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 22-10-2016 Heard learned counsel for the parties.
The petitioner apprehends arrest in connection with Ghorasahan P.S. Case No. 93 of 2016 dated 02.04.2016 instituted under Sections 366A/34 of the Indian Penal Code. The allegation against the petitioner along with two others is of forcibly abducting the minor sister of the informant for marriage.
Learned counsel for the petitioner submits that all the three accused are related and in the statement recorded before the Court under Section 164 of the Code of Criminal Procedure, 1973, the victim girl though has stated that all the three accused had lifted her but she has also stated that co-accused Nitish Kumar, with whom alone she had gone to Nepal, did not do any wrong act and also that
Patna High Court Cr.Misc. No.30560 of 2016 dt.22-10-2016 2/2 she was in love with him. Learned counsel submits that the doctor has examined the girl and assessed her age to be 17-18 years. Learned counsel submits that he is also a young student, having clean antecedent and has no role in the entire episode as it was a clear case of love affairs where the girl herself had gone away with her lover. Learned A.P.P. submits that the petitioner also was instrumental in the girl having gone with the co-accused. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in Ghorasahan P.S. Case No. 93 of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Ahsanuddin Amanullah, J.) P. Kumar U T