Arjun Kumar @ Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3465 of 2016 ===================================================

1. Arjun Kumar @ Arjun Paswan son of Surendra Paswan resident of village - Kataha, P.S. - Muffasil, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dashrath Mehta(App) =================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2016 The present application has been filed for modification of the order dated 10.11.2015 passed in Cr. Misc. No. 51487 of 2015 for extending the period of surrender. The accusation is of kidnapping the minor daughter of the informant.

On submission of the learned counsel for the petitioner that victim is major and has performed marriage with the petitioner of her own and she would be produced before learned Court below on 1st of December, 2015 for recording her statement, the petitioner was directed to be released on provisional anticipatory bail for a period of one month when the provisional bail of the petitioner was to be confirmed by learned Court below on admission of the victim girl to the effect that she married with the petitioner of her own but in case of denial of marriage with the petitioner, the petitioner was to surrender and pray for regular bail.

Patna High Court Cr.Misc. No.3465 of 2016 (2) dt.03-02-2016 2/2 It is submitted by learned counsel for the petitioner that the petitioner could not surrender and availed the provisional bail for one month but the statement of the victim girl was recorded on 04.12.2015 where she got her age recorded as 21 years whereas Court below assessed as 19 years where she stated that she of her own married with the petitioner and none kidnapped her.

In view of the statement recorded under Section 164 Cr.P.C of the victim girl contained in Annexure-2, the order dated 10.11.2015 passed in Cr. Misc. No. 51487 of 2015 is modified to extent that, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 4 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Muffasil P.S. Case No. 196 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, subject to the condition that one of the bailors will be the victim girl.

Accordingly the modification application is disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T