Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34111 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -PANAPUR District- SARAN ====================================================== Vikash Kumar son of Krishnandan Sah @ Bhola Sah resident of VillageMahamadpur, P.S. Panapur, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Panapur P.S. Case No. 46 of 2016 registered under Sections 366(A)/34 of the I.P.C.

The accusation is kidnapping of daughter of informant Sipahi Bhagat on 29.03.2016 in course of returning on attending the call of nature. When the informant made query to Bhola Sah, father of the petitioner, he became annoyed and started to scuffle.

Learned counsel appearing on behalf of the petitioner submits that in fact, there was love affairs between the petitioner and daughter of the informant, who left the village according to

Patna High Court Cr.Misc. No.34111 of 2016 (2) dt.17-08-2016 2/2 her sweet will and went to Rohtak, but under the pressure of her parents, she stated in her statement under section 164 Cr. P.C. that she was taken forcibly by this petitioner and this petitioner tried to perform marriage. But she specifically stated that no rape was committed on her by the petitioner. Further, submission is that at the time of recording the statement of the victim, her age was assessed as 18 years. It is also submitted that petitioner is in custody since 07.06.2016.

Having considered the facts and circumstances of the case, let the above named petitioner 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 A.C.J.M.-IV, Saran, Chapra in connection with Panapur P.S. Case No. 46 of 2016. Out of two sureties, one surety must be parents or close relatives of the petitioner.

(Rajendra Kumar Mishra, J) Shail/- U T