Indrajit Mukhiya @ Indrajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30107 of 2020 Arising Out of PS. Case No.-355 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== INDRAJIT MUKHIYA @ INDRAJIT KUMAR Son of Bindeshar Mukhiya R/o Vill.-Kumhara Bishanpur, P.S.-Dumra, Distt.-Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Mohammad Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2020 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Mohammad Arif, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Dumra PS Case No. 355/2019 registered for the offence punishable under Section 363, 366A of the IPC.

3. The allegation, as per First Information Report, is that the daughter of the informant was abducted by the petitioner for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the statement of the victim girl has been recorded under Section 164 of the CrPC, in which, she has accepted that she had gone with the petitioner voluntarily without any coercion and performed marriage with him out of her own free will.

Patna High Court CR. MISC. No.30107 of 2020(2) dt.26-11-2020 2/2 Learned counsel for the petitioner further submits that the victim girl has disclosed her age as 19 years before the learned Magistrate.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 19.12.2019. and the victim has not stated anything against the petitioner in her statement under Section 164 CrPC, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, INDRAJIT MUKHIYA @ INDRAJIT KUMAR 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra PS Case No. 355/2019.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T