Suman Das @ Sumani Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12774 of 2015 Arising Out of PS.Case No. -218 Year- 2014 Thana -RAJAUN District- BANKA ====================================================== Suman Das @ Sumani Das S/o Shankar Das Resident of Village Khemichak, P.S. Amarpur, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 02-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 21.11.2014 in a case registered for the offences punishable under Section 366 of the Indian Penal Code, though, the charge-sheet has been submitted under Sections 366, 497 and 498 of the Indian Penal Code.

The accusation is of kidnapping the married daughter of the informant in spite of the fact that the petitioner was married person having five children.

It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement the victim suggested that she of her own went in the company of this petitioner to Delhi and

Patna High Court Cr.Misc. No.12774 of 2015 (2) dt.02-07-2015 2/2 established physical relationship. Though, she claimed that on way initially the petitioner conveyed that he is not married but before reaching to Delhi he admitted that he is married person. The medical report suggests the age of the victim between 17 to 19 years.

A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the 164 Cr.P.C. statement of the victim which suggests that she of her own went in the company of the petitioner and established physical relationship, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Vth, Banka in connection with Rajaun P.S. Case No. 218 of 2014. (Dinesh Kumar Singh, J) DKS/- U T