Patna High CourtCR. MISC./47630/2018disposal with observation

Kundan Kumar v. The State Of Bihar

2018-09-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47630 of 2018 Arising Out of PS.Case No. -212 Year- 2018 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Kundan Kumar S/o Naresh Singh R/o Village Chhema, P.S. Sheikhopur Sarai, District Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard the parties.

Petitioner seeks bail in Barbigha (Mission O.P.) P.S.Case No.212 of 2018 registered for the offences under Sections 363/366 of the I.P.C. and Section 8 of the POCSO Act. Allegation against the petitioner is of kidnapping the minor daughter of the informant for the purpose of marriage. Submission of the learned counsel for the petitioner is that both have been recovered from Bokaro and there is love affairs between the parties for one year and they have solemnised marriage at Giridih and there is notarized document in support of that however, she made allegation in statement under Section 164 Cr.P.C. under pressure of her parents. Further she is found major in Medical examination. The petitioner is in custody since

Patna High Court Cr.Misc. No.47630 of 2018 (3) dt.20-09-2018 2/2 7.7.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner is rejected.

However, once charge is framed against this petitioner and the trial is commenced, the trial court shall release the petitioner on bail to his own satisfaction on undertaking of the petitioner that he will co-operate in the disposal of the trial. This application is disposed of.

(Vinod Kumar Sinha, J) AnilKrSinha/- U