Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34030 of 2020 Arising Out of PS. Case No.-182 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Praveen Kumar S/o Binod Thakur R/o village - Jarang Chorniya, P.S. - Gayghat, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2021 Heard both sides.

The petitioner apprehends his arrest in Sadar P.S. Case No.182 of 2020 registered under Sections 363, 366 and 366A of the Indian Penal Code.

The informant alleged that on 28.04.2020, she and her family members slept. When the informant woke up in the next morning, she found her minor daughter missing from the house. She left the house with money. During the course of search, the informant came to know that Praveen Kumar(the petitioner) who was residing in the house of Harendra Thakur and others kidnapped the minor daughter of the informant for the purpose of marriage.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.34030 of 2020(2) dt.12-03-2021 2/2 victim also made her statement under Section 164 Cr.P.C. and she disclosed that she fell in love with the petitioner and that is why she left her house and fled away with the petitioner. She also solemnised marriage. The age of the victim was assessed to be about 18 years on the basis of the school leaving certificate. The victim herself disclosed that nobody had kidnapped her rather she voluntarily left her house and went along with the petitioner and also solemnised marriage.

Taking into consideration the facts that the victim, just short of getting majority, left her house on her own will and went along with the petitioner and solemnised marriage, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks 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 Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No.182 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T