Kailu Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39430 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- KASBA District- Purnia ====================================================== 1.

Kailu Mahaldar, Aged about 53 years, Male, Son of Uday Mahaldar, Resident of Village- Dhatha, P.S.- Jalalgarh, District- Purnea. 2.

Soti Mahaldar, Aged about 38 years, Male, Son of Uday Mahaldar, Resident of Village- Dhatha, P.S.- Jalalgarh, District- Purnea. 3.

Sushila Devi, Aged about 24 years, Female, Wife of Ajay Mahaldar, Resident of Village- Dhatha, P.S.- Jalalgarh, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-06-2019 Heard both sides.

Petitioners apprehend their arrest in Kasba P.S. Case No.151 of 2018, registered under Sections 363, 366(A) and 34 of the Indian Penal Code.

The informant alleged that Vijay Mahaldar kidnapped his minor daughter and the petitioners helped Vijay Mahaldar in kidnapping his minor daughter.

Learned counsel for the petitioners by referring Annexure-2, the statement of the victim recorded under Section 164 Cr.P.C., submits that the victim denied the factum of her kidnapping. She disclosed before the Judicial Magistrate that

Patna High Court CR. MISC. No.39430 of 2019(2) dt.27-06-2019 2/2 when her parents wanted to get her married, she fled away to the house of maternal aunt of Vijay Kumar situated in village Kodheli and solemnized marriage in a temple but she was brought to the house by her parents. She again left her parents' house and went to the house of Vijay Kumar.

It appears that the victim herself denied the factum of her kidnapping and she disclosed that she voluntarily solemnized marriage with Vijay Kumar. The victim did not name the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Kasba P.S. Case No.151 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T