Patna High CourtCR. MISC./34203/2015bail granted

Mohan Singh v. The State Of Bihar

2015-08-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34203 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -KINJAR District- JEHANABAD ======================================================

1. Mohan Singh S/o Late Lagandeep Singh R/o Village Kinjar, P.O. + P.S. Kinjar, District Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The accusation is kidnapping the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that in 164 Cr.P.C statement the victim got her age recorded as 16 years and Court assessed as such where she stated that she was in love with Amit Kumar and she has performed marriage with Amit Kumar and false case has been lodged with regard to her kidnapping as she was never kidnapped. It is further submitted that victim in her 164 Cr.P.C statement has not named the petitioner and since petitioner

Patna High Court Cr.Misc. No.34203 of 2015 (2) dt.14-08-2015 2/2 happens to be the uncle of Amit Kumar, hence the accusation has been levelled against him.

Considering the 164 Cr.P.C statement of the victim, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kinjar P.S. Case No. 57 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T