Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9299 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Vivek Kumar son of Baijulal Sah, R/o Village- Rampur Ratan, P.S.- Siwaipatti, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Siwaipatti P.S. Case No. 94 of 2015, registered under Section 366A/34 of the Indian Penal Code.

The allegation of informant, namely, Dashrath Sah is that his daughter Rangila Kumari, aged about 15 years had gone to school on 25.08.2013, but she did not return. In course of search, he came to know that petitioner and one Anand Mohar Kumar boarded his daughter on motorcycle and both were helped by Baijulal and Parmila Devi.

Learned counsel appearing on behalf of the petitioner submits that, in fact, there was love affairs in between the petitioner and daughter of the informant and she moved

Patna High Court Cr.Misc. No.9299 of 2016 (2) dt.06-04-2016 2/2 according to her sweet will at Punjab and return from there. The statement of victim was recorded under Section 164 of Cr.P.C. in which she has stated about moving with the petitioner according to her sweet will without making any complaint of committing misshappening with her. She has been medically examined in which Doctor has assessed her age between 16 to 17 years. The petitioner is in custody since 17.11.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Judge-IX-cum-A.C.J.M., Muzaffarpur in connection with Siwaipatti P.S. Case No. 94 of 2015. (Rajendra Kumar Mishra, J.) manish/- U T