Chandrama Manjhi @ Chandrama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41592 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- ALIPUR District- Gaya ====================================================== CHANDRAMA MANJHI @ CHANDRAMA KUMAR S/O SAHENDRA MANJHI @ SAHENDRA KUMAR R/O Village- Rupaspur, P.S- Alipur, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya Ranjan, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. The informant alleges that petitioner enticed and kidnapped his daughter and his daughter on the insistence of the petitioner had taken ornaments also along with her. It is further submitted that the victim has been recovered and her statement under Section 164 Cr.P.C. has been recorded and she has not supported the case of the prosecution and has disclosed her age as 17 years. It is next submitted that the date of occurrence is

Patna High Court CR. MISC. No.41592 of 2023(2) dt.31-07-2023 2/2 12.01.2022 and the FIR was instituted on 19.01.2022 i.e. after a delay of seven days without any plausible explanation which amply demonstrates that the informant was aware that the victim and the petitioner were in love and had eloped. It is also submitted that no doubt that age of the victim as disclosed in her statement recorded under Section 164 Cr.P.C. is 17 years but then she had reached the age of discretion.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Alipur P.S. Case No. 08 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T