Suman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35661 of 2020 Arising Out of PS. Case No.-630 Year-2019 Thana- AMARPUR District- Banka ====================================================== SUMAN KUMAR SON OF LATE TIKO MAHTO RESIDENT OF AMARPUR, WARD NO 8, POLICE STATION - AMARPUR, DISTRICT - BANKA ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-04-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 16.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Amarpur P.S. Case no. 630 of 2019, registered under Sections 341, 323, 366A, 504 and 506/34 of the Indian Penal Code.
The accusation is that in the evening of 30.11.2019, daughter of informant aged about 17 years moved from house for purchasing of vegetables, but she did not return till late night. Thereafter, informant Nawal Kishore Shah
Patna High Court CR. MISC. No.35661 of 2020(2) dt.28-04-2021 2/3 started search of his daughter then he came to know that Suman Kumar (Petitioner) has enticed away his daughter for the purpose of marriage. Thereafter, informant went at the house of petitioner then his mother Lucho Devi, brother Chandan Kumar and wife of Chandan Kumar started to abuse and gave threatening for dire consequences.
Learned counsel for the petitioner submits that, in fact, daughter of informant, who is major, performed marriage with the petitioner according to her sweet will and this fact has been stated by the victim in her statement recorded under Section 164 Cr.P.C. on 25.02.2020 before the Addl. Chief Judicial Magistrate-IV, Banka (Annexure-2) in which her age has been assessed as 18 years by the Court and she also disclosed her age as 19 years.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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, Banka in connection with Amarpur P.S. Case No. 630 of 2019, subject to the condition as laid down under Section
Patna High Court CR. MISC. No.35661 of 2020(2) dt.28-04-2021 3/3 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T