Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62990 of 2018 Arising Out of PS. Case No.-110 Year-2018 Thana- PAROO District- Muzaffarpur ====================================================== Raushan Kumar, S/o Shyam Kumar Sahani, resident of Village- Paro, Sahani Tola, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Paroo P.S. Case No.110 of 2018 for the offence registered under Sections 363/366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that he had admittedly eloped with the victim girl and he was in the impression that she has attained the age of majority and, therefore, had not intentionally taken away a minor girl. He further submits that having learnt that the parents had lodged the F.I.R., the victim girl has surfaced and her statement under Section 164 CrPC was recorded in which the victim girl has clearly stated that she had gone to Tamil Nadu on her own sweet will. In her statement, the victim girl has stated that she is

Patna High Court Cr.Misc. No.62990 of 2018(2) dt.11-12-2018 2/2 staying at Short Shelter Home at Patna. In her statement, she is aged about more than 16 years.

Considering the aforesaid facts and circumstances of the case and that the present case is one of love affair between the parties, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. - 3rd (West), Muzaffarpur in connection with Paroo P.S. Case No.110 of 2018, subject t o the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one blood relative of the petitioner will be the bailor.

(Anjana Mishra, J) Nasimul/- U