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Patna High CourtCR. MISC./31830/2017bail granted

Ranjeet Yadav @ Ranjeet Kumar v. The State Of Bihar

2017-07-13Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31830 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Ranjeet Yadav @ Ranjeet Kumar Son of Upendra Yadav, Resident of Village-Nawada Goradih, P.s. Rajoun, District-banka. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. No one appears on behalf of the State.

The petitioner apprehends his arrest in relation to Madhusudanpur P.S. Case No. 92/2017 registered under Sections 366, 379, 354(B), 120(B), 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that in the complaint petition which has given rise to the present police case. There is an allegation that this petitioner had taken away the daughter of the complainant, however, when his daughter did not return he enquired about his daughter and came to know that this petitioner along with other accused had kidnapped his daughter with

an intention to marry. In the complaint petition itself, the petitioner has disclosed that his daughter is aged about 20 years.

Learned counsel for the petitioner further submits that the daughter of the informant has appeared before the learned Magistrate and got recorded her statement under Section 164 of the Code of Criminal Procedure, in which she has very emphatically taken a stand that she has solemnized marriage with this petitioner and wants to live with him.

This being the position. Learned counsel submits that the father of the girl namely, Manisha Kumari, has filed the present case despite knowing well that this daughter is major and has solemnized marriage with this petitioner without any coercion.

Considering the nature of allegation particularly age of the girl being major and her statement that she has solemnized marriage with this petitioner, in the opinion of this court, the petitioner needs to be protected, in the event of his arrest/surrender before the court below within four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/-

(ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bhagalpur, in connection with Madhusudanpur P.S. Case No. 92/2017, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T