Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30869 of 2016 Arising Out of PS.Case No. -297 Year- 2014 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Manish Kumar son of Shivjee Sah Resident of Village:- Susta (Madhopur) P.S.- Sadar- District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2016 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 363/366A of the Indian Penal Code.

Prosecution case is of abducting the minor daughter of the informant while she went to M.D.D.M. College from her house.

It is submitted by the learned counsel for the petitioner that in 164 Cr.P.C. statement of the victim she got her age recorded as 18 years and the learned court below assessed her age as 20 years, where she has stated that she was not kidnapped and she married with the petitioner. She wanted to go to her in-laws house and considering the assessment of the age of the victim

Patna High Court Cr.Misc. No.30869 of 2016 (2) dt.04-08-2016 as 20 years by the Magistrate, the learned Chief Judicial Magistrate, Muzaffarpur by the order dated 7.4.2016 released the victim girl.

Considering 164 Cr.P.C. statement of the victim, which has been quoted by the learned Sessions Judge in his impugned order coupled with the statement in paragraph 3 of the application that the petitioner has no criminal antecedent, let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Sadar P.S.Case No.297/2014, G.R.No. 3623/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Surendra/- U