Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35818 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- TIKAPATTI District- Purnia ====================================================== Aman Kumar Son of Naresh Muni Resident of Village - Chapahari, P.S.- Rupauli, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Pravin Kumar, Advocate Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 16.02.2019 has filed the instant application for grant of bail in connection with Tikapatti P.S. Case as No. 18 of 2019 registered for the offence punishable under sections 363,366A and 34 of the Indian Penal Code.

As per the allegation in the FIR, it is stated that on 14.02.2019 at about 11 P.M. the daughter of the informant disappeared and on enquiry it transpired that the petitioner had taken her away for the purpose of marriage. It is stated that informant was convinced that she had been kidnapped. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.35818 of 2019(3) dt.28-08-2019 2/3 that subsequently on the daughter of the informant being recovered, her statement was recorded under section 164 Cr.P.C which has been brought on record as Annexure 2 to the application. From perusal of the same it transpires that the petitioner and two other persons had taken the informant's daughter. She further states that on learning about lodging of the case, they got her on to a bus to Naugachia and ran away. It is submitted by learned counsel for the petitioner that the age of the girl was assessed to be between 16-17 years, no case under section 366A of the Indian Penal Code is made out against the petitioner and the offence under section 363 of the Indian Penal Code is bailable. It is further submitted that the petitioner has no criminal antecedent and is in custody since 16.02.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the statement of the victim girl under section 164 Cr.P.C, the petitioner having no criminal antecedent and that he is in custody since 16.02.2019, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing

Patna High Court CR. MISC. No.35818 of 2019(3) dt.28-08-2019 3/3 bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Tikapatti P.S. Case No. 18 of 2019.

(Partha Sarthy, J) Prakash/- U