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Patna High CourtCR. MISC./42506/2017allowed

Niraj Kumar @ Narantak Kumar v. The State Of Bihar

2017-09-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42506 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Niraj Kumar @ Narantak Kumar, Son of Baldev Chauhan, Resident of Village- Shobhathikha, P.S.- Ghoshwari, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Arun, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The F.I.R. was lodged on missing of the daughter of the informant with allegation against the petitioner to have induced her to go with him.

Learned counsel for the petitioner submits that Annexures-2 and 3 would reveal that the victim had voluntarily married with the petitioner. As per affidavit sworn by her and the receipt of solemnization of marriage is also there. Thereafter, the victim was arrested by the police and handed over to her parents,

Patna High Court Cr.Misc. No.42506 of 2017 (2) dt.21-09-2017 P2/ then her statement under Section 164 Cr.P.C. was recorded wherein she stated that she was forcefully taken by the petitioner and others.

Considering the entire facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nalanda at Biharsharif/successor Court in connection with Laheri Police Station Case No. 79 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T