Pankaj Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.42454 of 2018 (2) dt.20-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42454 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Pankaj Sharma S/o Narayan Sharma, R/o Vill.- Shiv Nagar, P.S.- Bakhari, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Ambastha For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2018 Heard both sides.

The petitioner apprehends his arrest in Bakhari P.S. Case No.83 of 2018 registered under Sections 366(A) and 34 of the Indian Penal Code.

The informant suspected that the petitioner with the help of his father and mother enticed her minor daughter for the purpose of marriage.

The learned counsel for the petitioner submits that there is no eyewitness of the occurrence. The victim was recovered in neighbouring village and she was tutored. The father and mother of the petitioner have already been enlarged on bail. The victim herself disclosed that she had accompanied the petitioner to Bangalore but when she knew that case has been

Patna High Court Cr.Misc. No.42454 of 2018 (2) dt.20-07-2018 lodged against the petitioner, she returned. She further disclosed that no illegal act has been done with her.

Taking into consideration the facts that the victim, although minor, herself disclosed that she voluntarily went to Bangalore along with the petitioner but the petitioner did not do any illegal act with her, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri B. Sukhia, learned A.C.J.M. Vth, Begusarai in connection with Bakhari P.S. Case No.83 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T