Raju Kumar Debit @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53889 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -Valmikinagar District- Westchamparan(Bettiah) ====================================================== Raju Kumar Debit @ Raju Kumar son of Debit @ Debit Mistri, resident of N.P.C.C. Colony Valmikinagar, Police Station- Valmikinagar, DistrictWest Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2015 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363,366A/34 of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant. In 164 Cr. P.C statement of the victim girl the victim got her age recorded as 19 years. Though as per the medical report she was found between 19-20 years. In 164 Cr.P.C statement the victim further stated that she was not kidnapped rather she went in the company of the petitioner with her own sweet will. She further stated that the petitioner took her to Leh, & Ladhak and when she desired to return, she was brought by the petitioner to 'Padrauna' but she suspected that the accused

Patna High Court Cr.Misc. No.53889 of 2015 (2) dt.27-11-2015 2/2 persons went to sale her.

It has been submitted by the learned counsel for the petitioner as per the medical opinion it appears that the victim is major and she went to company the petitioner and others with her own sweet will. She also admitted that she is in love with the petitioner. The petitioner and the victim girl applied for marriage registration on the next day of elopement i.e. on 17.06.2015. A statement has been made in Para 3 of the petition that the petitioner has no criminal antecedent.

Considering the statement under Section 164 and medical report, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for three months on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bagaha West Champarn in connection with Valmikinagar P.S. Case No. 29 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Prakash/- U T