Bhajan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1669 of 2017 Arising Out of PS.Case No. -175 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Bhajan Sah Son of Ramhandra Sah, Resident of Mohalla-Chunabhatthi, P.S.-L.N.M.U., District-Darbhanga .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dharmendra Jha, Adv. For the Opposite Party : Mr. Parmeshwar Mehta, APP 42 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 366A of the Indian Penal Code. According to first information report, the petitioner is suspected to have induced the daughter of the informant aged about 16 years to go with him. The petitioner had promised to produce the victim, in the circumstances, the first information report was delayed. The statement of the victim-girl under Section 164 of the Criminal Procedure Code reveals that the petitioner forcibly abducted the daughter of the informant and married with her and, thereafter, both resided at Delhi for ten days as husband and wife. Later on the petitioner left the victim to go home.

Submission of the petitioner is that the matter was of love affairs. However, under the pressure of the

Patna High Court Cr.Misc. No.1669 of 2017 (3) dt.18-03-2017 2/2 parents, the victim has given her statement under Section 164 of the Criminal Procedure Code. The petitioner is in custody since 03.08.2016.

Considering the entire facts and circumstances, aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with L.N.M.U. P.S. Case No. 175 of 2016 to the satisfaction of the Chief Judicial Magistrate, Darbhanga, or successor Court with the condition that the petitioner shall fully cooperate with the investigation/trial of the case and if the Court below would come to notice that the petitioner has committed similar type of offence in future, the Court below shall be at liberty to cancel the bail bond of the petitioner in this case also.

(Birendra Kumar, J) SA/- U √ T √