Dhiraj Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.33530 of 2016 (2) dt.20-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33530 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -GARKHA District- SARAN ====================================================== Dhiraj Chaudhary son of Mewa Lal Chaudhary, R/o village- Mirepur, P.S.- Garkha, District- Saran ... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Garkha P.S. Case No. 90 of 2016 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code. Allegedly, Neha Kumari the grand daughter of the informant was kidnapped by co-accused Ravi Ranjan Sharma and the petitioner. During investigation the statement of Neha Kumari was recorded under Section 164 Cr.P.C. also wherein she has denied the allegation of kidnapping and has stated that she went with the petitioner out of her own sweet will and consent and she married with the petitioner on 6th March at Jalandhar in a temple and further performed court marriage on 14th March. She has stated her age 18 years though the learned Magistrate has assessed her age 17 years.

Patna High Court Cr.Misc. No.33530 of 2016 (2) dt.20-08-2016 Submission is of false implication and that the victim girl went with the petitioner out of her own sweet will and consent and as such no offence as alleged is made out.

Learned APP fairly submits that the victim girl has not supported the allegation of kidnapping in her statement recorded under Section 164 Cr.P.C.

In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within one months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate V, Saran at Chapra in connection with Garkha P.S. Case No. 90 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T