Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21293 of 2018 Arising Out of PS.Case No. -143 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ======================================================
1. Sujeet Kumar, son of Late Bidya Nand Paswan, Resident of VillageBabhangama, P.S.- Bihariganj, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Madhura Nand Jha, APP 102 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-04-2018 In this application, the petitioner apprehends his arrest in connection with Bihariganj P.S. Case No. 143 of 2017 for the offences punishable under Sections 366-A/34 of the Indian Penal Code.
Allegedly, the petitioner with aid and assistance of other co-accused kidnapped the minor daughter of the informant. Submission is of false implication and that the statement of the victim girl has been recorded under Section 164 Cr.P.C. vide Annexure-2 wherein she has stated her age 19 years. She has not supported the allegation of kidnapping rather she has stated that she has performed marriage with the petitioner and she wants to live with him. The doctor has also assessed the age of the victim between 16-18 years, vide Annexure-3 and, as such, the
Patna High Court Cr.Misc. No.21293 of 2018 (2) dt.30-04-2018 2/2 petitioner deserves sympathetic consideration. Learned APP fairly submits that victim is not supporting the allegation of kidnapping.
Considering the facts and circumstances as stated above, the petitioner in case of his arrest or surrender within four weeks from the date of receipt or production of a copy of this order, he shall be released on bail on execution of bail bond of Rs 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Udakishunganj (Madhepura) in connection with Bihariganj P.S. Case No. 143 of 2017 subject to the conditions as laid down in Section 438(2) of the Cr.P.C..
(Jitendra Mohan Sharma, J) sushma/- U T