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Patna High CourtCR. MISC./18049/2018bail granted

Mithilesh Kumar v. The State Of Bihar

2018-04-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18049 of 2018 Arising Out of PS.Case No. -219 Year- 2015 Thana -ALOULI District- KHAGARIA ======================================================

1. Mithilesh Kumar S/o Sagar Mahton, R/o Village- Alaouli, P.S.- Alauli, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2018 Heard both sides.

The petitioner apprehends his arrest in Alauli P.S. Case No.219/2015 registered under Sections 363 and 364 of the Indian Penal Code.

The mother of the victim alleged that Nitish Kumar, Mithilesh Kumar and Dhiraj Kumar kidnapped her minor daughter.

Learned counsel for the petitioner submits that during course of investigation, victim appeared and made her statement under Section 164 of the Cr.P.C. She disclosed that she voluntarily left her house and went to Delhi. She lived with Nitish Kumar and solemnized marriage with him out of her free will. She disclosed her age to be 19 years.

Patna High Court Cr.Misc. No.18049 of 2018 (2) dt.06-04-2018 2/2 Considering the aforesaid fact that victim did not support the case of kidnapping and she did not even name the petitioner, the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria, in connection with Alauli P.S. Case No.219/2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Amit/- U T