Patna High CourtCR. MISC./55387/2016bail granted

Lala Kumar v. The State Of Bihar

2017-03-01Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55387 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -BAKHTIYARPUR District- PATNA ====================================================== Lala Kumar, S/o Sarjug Yadav R/o Vill.- Churaman Bigha, P.S. Vena, Distt,- Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

Petitioner already in custody in connection with Bakhtiyarpur P.S. Case No.126 of 2016 is an accused in a case registered under Sections 366(A), 34 of the Indian Penal Code. Allegation in brief is that First Information Report named accused persons kidnapped the minor daughter of the informant for the purpose of marrying her with somebody else and during investigation she is recovered along with the petitioner. Submission is that the petitioner is not named in the First Information Report and in fact there was no kidnapping rather both eloped as having love affairs from before and two times her statements under Section 164 Cr.P.C. was recorded in which she has changed her statement. Further submission is that

Patna High Court Cr.Misc. No.55387 of 2016 (3) dt.01-03-2017 2 / 2 the girl is major and the doctor has also found her age in between 17 to 18 years and no sign of rape was found during her examination and this petitioner has been in custody since 10.05.2016.

Having considered the said facts and circumstances, let the petitioner, namely, Lala Kumar be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh, Patna, in connection with Bakhtiyarpur P.S. Case No.126 of 2016.

(Arun Kumar, J.) S.Kumar/- U T