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Patna High CourtCR. MISC./28794/2018bail granted

Golu Kumar Singh v. The State Of Bihar

2018-07-12Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28794 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Golu Kumar Singh, Son of Dasrath Prasad Singh, resident of VillageAlamnagar (Shankari Tola), Police StationAlamnagar, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Smt. Sahin Begam CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Alamnagar P.S. Case No. 22 of 2018 for offences punishable under Sections 366A/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while his 16 year old daughter had gone to bring her admit card from her 10+2 school, the petitioner along with four others and 4- 5 unknown persons kidnapped his daughter for the

Patna High Court Cr.Misc. No.28794 of 2018 (4) dt.12-07-2018 2/3 purpose of marriage. In the evening, 5-6 persons came with guns and threatened and informed the informant that his daughter has been married to the petitioner and threatened of not taking any steps against them.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the daughter of the informant had a love affair and she married the petitioner out of her own sweet will as deposed by her before the Magistrate under Section 164 Cr.P.C. He further submits that the medical board has assessed her age to be 16-18 years, hence, the victim girl is a major and she has also deposed before the Magistrate that her age to be 18 years although her age has been taken to be 16 years by the Magistrate. The petitioner is languishing in judicial custody since 08.02.2018 and charge-sheet has already been submitted.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.28794 of 2018 (4) dt.12-07-2018 3/3 learned Sub Divisional Judicial Magistrate, Uda Kishunganj in connection with Alamnagar P.S. Case No. 22 of 2018. (Nilu Agrawal, J) Devendra/- U T