Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19337 of 2015 Arising Out of PS.Case No. -215 Year- 2014 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Guddu Singh S/o Sri Jai Chandra Singh r/o vill Dumari Baiju, P.S. Patahi District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr. Md.Nazir Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-07-2015 Heard learned counsel for the petitioner and Mr. Verma, learned A.P.P. for the State.

The petitioner is said to have kidnapped the minor daughter of the informant and is, therefore, facing prosecution under Section 363 and 366A/34 of the Indian Penal Code. The kidnapping was done on 25.08.2014 whereas the report was lodged on 01.09.2014. On retrievable of the victim her statement was recorded under Section 164 Cr.P.C., wherein she has stated that on her own volition she accompanied the petitioner and married with him.

Learned counsel for the petitioner referring to the impugned order submits that medical assessment for her age made wherein she was found 17-18 years old. She therefore attained age of discretion/ understanding.

The petitioner is

Patna High Court Cr.Misc. No.19337 of 2015 (2) dt.03-07-2015 in custody since 12.10.2013.

Considering the aforesaid facts, 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 Ist Additional District & Sessions Judge, Motihari, East Champaran in connection with Chakiya P.S. Case No. 215 of 2014 with the following conditions:-

(1) One of the bailors shall be the own/close family members of the petitioner.

(2) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) P.K./- U T