Ramesh Kumar Mahto @ Ramesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34177 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Ramesh Kumar Mahto @ Ramesh Mahto Son of Gorakh Mahto, Resident of Village-Noniya tola Police Station-Gorea Kothi, District-Siwan .... Petitioner

Versus

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

For the Petitioner : Mr. Bijay Prakash Singh, Adv. For the State : Mr. Shyam Kumar Singh, APP 138 For the informant : Mr. Ashok Kumar Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-08-2017 Heard the learned counsel for the petitioner, the informant and the State.

This is a petition for grant of anticipatory bail for offence under Sections 363 and 366A of the Indian Penal Code. The first information report relates to kidnapping of Babita Kumari, the daughter of the informant. the victim-girl, in her statement under Section 164 of the Criminal Procedure Code, stated that she voluntarily married with the petitioner. The learned counsel for the informant opposed the prayer for bail on the ground that since victim was a minor, hence, her consent or no consent is immaterial.

Considering the fact that the victim has not alleged anything against the petitioner, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Goreakothi P.S. Case No. 12of 2017 to the satisfaction of the Chief Judicial Magistrate, Siwan, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √