Brijkishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10569 of 2018 Arising Out of PS. Case No.-128 Year-2017 Thana- CHANPATIA District- West Champaran ====================================================== Brijkishore Kumar, S/o Late Manager Yadav, R/o Karanpatti, P.S.- Chanpatiya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

SMT. ASHA DEVI ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Chanpatiya P.S. Case No. 128 of 2017 registered for the offence punishable under Section 366A of the Indian Penal Code.

The allegation against the accused persons is regarding kidnapping the victim girl.

The learned counsel for the petitioner submits that the statement of the victim girl recorded under Section 164 Cr.P.C. would show that the victim girl on her own volition had gone to Chennai and met the petitioner herein and solemnized the marriage. It is further submitted that the age of the victim girl has been assessed as 19 years by the learned Magistrate and the

Patna High Court Cr.Misc. No.10569 of 2018(2) dt.22-02-2018 2/2 victim girl herself claims to be aged about 21 years. The petitioner is stated to be having a clean antecedent. Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 128 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T