Raj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51510 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Raj Kumar Sharma, S/o Sitaram Sharma, R/o Village- Karatwa, P.S.- Kusheshwar Asthan, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dr. Abdus Shakoor, Advocate For the Opposite Party : Mr. Parmanand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner, learned counsel for the informant and also learned counsel for the State. The petitioner apprehends his arrest in connection with Kusheshwar Asthan P.S. Case No. 87 of 2016, registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.

Allegedly, the minor daughter of the informant was kidnapped by the petitioner and others and during investigation victim girl appeared and her statement recorded under Section 164 of Cr.P.C., wherein she has stated her age as 18 years and the learned Magistrate has recorded her age as 17 years wherein she has denied regarding her kidnapping and has stated that she went out of her own sweet will and she wants to live with the petitioner.

Patna High Court Cr.Misc. No.51510 of 2016 (2) dt.19-12-2016 2/2 Submission is of false implication and that the victim girl after recovery in her statement recorded under Section 164 of Cr.P.C. has not alleged regarding her kidnapping and, as such, no offence under the aforesaid sections is made out and now petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that the victim girl is minor aged about 13 years which is evident from School Certificate of Class 6th. In the facts and circumstances as stated above, considering the statement of the victim girl recorded under Section 164 Cr.P.C.

, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released 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 Chief Judicial Magistrate, Biroul, District- Darbhanga, in connection with Kusheshwar Asthan P.S. Case No. 87 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T