Patna High CourtCR. MISC./32152/2019disposed

Sonu Kumar v. The State Of Bihar

2019-07-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32152 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- BUXAR District- Buxar ====================================================== SONU KUMAR S/O Lallan Yadav Resident of Village- Budhanpurva, Ward No.-16, P.S.- Buxar (Nagar), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Buxar (Nagar) P.S.Case No.92 of 2019 registered for offences punishable under Sections 366(A), 120(B) of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the grand daughter of the informant.

Submission of the learned counsel for the petitioner is that as a matter of fact there was love affair between the parties and in her statement under Section 161 Cr.P.C. she has stated that she had married with the petitioner in Ara court, however, under the pressure of the guardian, she stated in her statement under Section 164 Cr.P.C. that she was taken on the point of pistol. It is further submitted that she was examined by the

Patna High Court CR. MISC. No.32152 of 2019(3) dt.25-07-2019 2/2 Medical Board and her age was assessed as 19-20 years. Heard learned A.P.P. , who has opposed the prayer for bail. .

Having heard both sides and in view of the facts and circumstances, as stated above, this appreciation is disposed of with a direction to the learned court below to verify the submission about the age of the victim as per medical report as well as her statement under Section 161 Cr.P.C. and if the above submissions are found true, the petitioner shall be released on bail in this case to his own satisfaction. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T