Vikash Kumar Arya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47193 of 2016 Arising Out of PS.Case No. -137 Year- 2016 Thana -FALKA District- KATIHAR ====================================================== Vikash Kumar Arya, son of Badanand Arya, Resident of Village-Shabda, P.S.- Falka, District-Katihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Falka (Pothia) P.S. Case No.137 of 2016 for allegedly having committed the offence under Sections 363, 366A of the Indian Penal Code.
Learned counsel for the petitioner submits that the provisions of Section 366A of the Indian Penal Code would not be applicable as, admittedly, the victim girl has given her age as 18 years. Furthermore, the petitioner is the brother of the boy Bikram Kumar Arya, who is said to have having affair with the girl and had eloped.
However, considering the facts and circumstances
Patna High Court Cr.Misc. No.47193 of 2016 (2) dt.17-11-2016 2/2 and that no criminal act is said to have been alleged against the present petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Katihar, in connection with Falka (Pothia) P.S. Case No.137 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T