Raju Prajapati @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35980 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== RAJU PRAJAPATI @ RAJU KUMAR Son of Ashok Pandit Resident of Village- Bagmali, P.S. Nagar Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 366(A) of the Indian Penal Code.

The prosecution case as lodged by the informant is that her daughter Neha Kumari aged about 16 years went to her coaching institute on 10.02.2019 at about 3 P.M. to participate in the Saraswati Puja being celebrated over the there but she did not return. The informant searched for her everywhere then came to know that one Raju Prajapati had kidnapped her daughter.

It has been submitted on behalf of the petitioner that he is innocent and did not kidnap her. The victim came to him

Patna High Court CR. MISC. No.35980 of 2019(3) dt.13-08-2019 2/3 out of her own sweet will. She was already in love with the petitioner and her mother assaulted her due to which he left out of the house and call out the petitioner who took her to Muzaffarpur where he performed marriage with her. It was submitted that the age of the victim as per medical opinion is between 17-19 years and the learned court of Magistrate asserting her age to be 20 years and her statement recorded under Section 164 Cr.P.C. where she stated that on her own sweet will she went along with the petitioner and got married with him.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali in connection with Hajipur Town Police Station Case No. 121 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T

Patna High Court CR. MISC. No.35980 of 2019(3) dt.13-08-2019 3/3