Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34620 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== Vikash Kumar, Son of Shri Parmeshwar Yadav @ Rameshwar Yadav Resident of Village- Balkkishunbigha, P.S.- Hisua, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner, informant as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 366 (a), 34 and 506 of the I.P.C.

Prosecution case, in short, is that the petitioner along with his companion came to the house of the informant and kidnapped his daughter on the motorcycle.

Referring to the statement of the victim recorded under Section 164 Cr.P.C., learned counsel for the petitioner submits that the girl has herself stated that she was not kidnapped rather she performed marriage with this petitioner out of her own sweet will. She has further stated that she is major, however, the learned court below has assessed her age to be 17 1⁄2

Patna High Court CR. MISC. No.34620 of 2019(2) dt.28-05-2019 2/3 years.

Learned counsel appearing for the informant submits that earlier also, the petitioner had committed the same offence giving rise to Nardiganj P.S. Case No. 223 of 2018, in which the petitioner has already been allowed anticipatory bail by this Court vide order dated 01-04-2019 passed in Cr. Misc. No. 19985 of 2019.

Learned counsel for the petitioner submits that in the aforesaid Nardiganj P.S. Case No. 223 of 2018, the victim girl has reiterated the same statement on the basis of which the petitioner was allowed anticipatory bail in that case. Considering the fact of the case, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st class, Nawada in connection with Nardiganj Police Station Case No. 32 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at

Patna High Court CR. MISC. No.34620 of 2019(2) dt.28-05-2019 3/3 liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) shashi/- U T