Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53162 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ====================================================== Sanoj Kumar son of Jagata Nand Yadav, resident of village- Balihar Tola, P.S. Suryapura, District- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Adv. For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Akorhi Gola Police Station Case No. 102 of 2017 registered for the offence under section 366 of the Indian Penal Code. It has been submitted that father of victim has lodged the case merely on suspicion. The daughter of informant herself left her house and subsequently she returned and her statement was recorded under section 164 of the Code of Criminal Procedure. The Informant has stated that his daughter was aged about 20 years. The victim has not stated anything against this petitioner so he deserves anticipatory bail.

The learned Additional Public Prosecutor on the other hand, opposed the submission.

Patna High Court Cr.Misc. No.53162 of 2017 (2) dt.09-11-2017 2/2 On perusal of FIR, I find that the informant has alleged that his daughter was aged about 20 years and she left her house without any information. The victim was produced before the Judicial Magistrate where she disclosed her age 23 years. The Doctor also assessed her age as such. She has not stated anything against this petitioner. She has stated that she voluntarily left the house as her father was willing to perform her marriage against her wish. There is nothing against the petitioner on record. Considering the facts and circumstances of the case, the prayer of anticipatory bail is allowed and the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, 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 the learned Sub-Divisional Judicial Magistrate, Dehri-On-Sone, Rohtas in connection with Akorhi Gola Police Station Case No. 102 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.

(Sanjay Kumar, J) Mahesh/- U T