Chandan Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35485 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -JOGBANI District- ARRARIA ====================================================== Chandan Kumar Bhagat Son of Raj Kumar Bhagat .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 363/365/34 of the Indian Penal Code.
Accusation is of kidnapping the minor daughter of the informant.
It is submitted by learned counsel for the petitioner that the victim is major.
It is submitted by Mr. Binod Kumar Singh learned counsel for the victim girl that the date of birth of the victim is 17.11.1996 hence she was major on the date of occurrence. In support of his contention he has filed counter affidavit, annexing admit card of matriculation examination, as annexure-A. He
Patna High Court Cr.Misc. No.35485 of 2015 (2) dt.10-09-2015 2/2 further submits that the victim went in the company of the petitioner of her own and performed marriage with him in a temple. An affidavit to that effect has been annexed as annexure-B to the counter affidavit.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Araria in connection with Jogbani (Bathnaha) P.S. Case No.47 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T