Raushan Kumar @ Amar Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69345 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Raushan Kumar @ Amar Raj, Son of Umesh Thakur, Resident of VillageRadaha, POlice Station-Dhanarua, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Gaya Muffasil P. S. Case No. 131 of 2018 dated 23.04.2018 instituted for the offences under Section 366(A) of the Indian Penal Code.

The daughter of the informant went missing. Later, she was telephonically informed by one Anand Kumar that the victim girl has been kept in confinement by his brother namely Navin Kumar @ Prince, his mother namely Shakuntala Devi and the petitioner who is an associate of Navin Kumar Sharma.

Patna High Court Cr.Misc. No.69345 of 2018(2) dt.19-12-2018 2/3 Learned counsel for the petitioner has submitted that the information regarding the confinement of the victim girl was given by the brother of the main accused namely Navin Sharma.

It has further been submitted that during the course of investigation, the victim was recovered who gave her statement under Section 164 Cr.P.C. stating that she had married Navin Sharma of her own volition. However, she has disclosed her age to be 16 years.

A minor girl cannot give consent for marrying anybody.

Be that as it may, the petitioner was only named by the brother of Navin Sharma @ Prince who is said to have married the victim girl. No further evidence has been collected against the petitioner during the course of investigation. The petitioner, apart from knowing aforesaid Navin Sharma, has got no truck or alliance with him. Considering the aforesaid facts as also taking into account his clean antecedents, the petitioner, above-named, is directed to be released on bail, in the event of his arrest

Patna High Court Cr.Misc. No.69345 of 2018(2) dt.19-12-2018 3/3 or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P. S. Case No. 131 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U