Jay Gond @ Jang Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50297 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- MAHILA P.S District- West Champaran ====================================================== Jay Gond @ Jang Gond, Son of Moti Gond, Resident of Village- Shrirampur, P.S. Gaunaha, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prithvi Nath Mishra For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case no. 01 of 2018, registered under Sections 366(A)/34 of the Indian Penal Code.

The accusation is that sister of the informant, aged about 15 years, had gone to house of her neighbour Baliram Gond, where petitioner used to reside as relative of Baliram Gond, but sister of the informant did not return. Later on, he came to know that under conspiracy of Baliram Gond, Moti Gond, Indu Devi etc. kidnapped the sister of the informant with intention to perform marriage.

Learned counsel for the petitioner submits that, in fact, sister of the informant, who is aged about 18 years left her house according to her sweet will and performed marriage with the petitioner before District Marriage Officer, Bettiah

Patna High Court Cr.Misc. No.50297 of 2018(2) dt.20-09-2018 2/2 regarding which certificate of marriage has also been issued by Marriage Officer, Bettiah on 16.02.2018, which would appear from Annexure-2. The Aadhar Card of the victim, which is Annexure-3, also disclosed that her date of birth is 01.01.1999. Accordingly, she was aged about 18 years at the time of alleged occurrence. It is also submitted that sister of the informant has also filed an application before SDJM, Bagaha, West Champaran stating the fact regarding performing marriage with the petitioner on 13.06.2018, which would appear from Annexure-4.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Bagaha, West Champaran in connection with Mahila P.S. Case No. 01 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T