Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36529 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -MAHILA P.S BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Binod Yadav, son of Harikishuni Yadav, resident of village-Ratanmala, Police Station-Bagaha, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 16-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bagaha Mahila Police Station Case No.26 of 2016 registered under Sections 366A/34 of the Indian Penal Code.

The accusation against the petitioner is of kidnapping the victim, the minor daughter of the informant, with the help of his other family members.

Learned counsel appearing on behalf of the petitioner submits that, in fact, there was love affair in between the victim, the daughter of the informant, and the petitioner and the daughter of the informant left the house according to her own sweet will with the petitioner and performed the marriage with the petitioner in Durga Temple at Bettiah and she is residing with the petitioner as his wife, which would appear

Patna High Court Cr.Misc. No.36529 of 2016 (2) dt.16-09-2016 2/2 from the statement of the victim, the daughter of the informant, as recorded under Section 164 of the Code of Criminal Procedure on 30.05.2016 by the court of the Additional Chief Judicial Magistrate, Bagaha (West Champaran) {Annexure-'2' to this application}. Moreover, the age of the victim has been assessed as 19-20 years at the time of recording of her statement under Section 164 of the Code of Criminal Procedure on 30.05.2016 by the Additional Chief Judicial Magistrate, Bagaha (West Champaran).

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with Bagaha Mahila Police Station Case No.26 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T