Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42622 of 2019 Arising Out of PS. Case No.-40 Year-2018 Thana- BANSHI District- Jehanabad ====================================================== Deepak Kumar Son of Yogendra Thakur, Resident of Village - Mali, P.S.- Bansi, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-07-2019 Heard both sides.

The petitioner apprehends his arrest in Bansi P.S. Case No.40 of 2018 registered under Sections 366A 120B, 385, 506 and 34 of the Indian Penal Code.

The father of the victim disclosed that his daughter had gone to Punjab National Bank, Mali but she did not return. During course of search, the informant came to know that Deepak Kumar (petitioner), Chintu Kumar (brother of petitioner), Yogendra Thakur, Rajendra Thakur, Nagendra Thakur and Babita Devi kidnapped his daughter. It is further alleged that Chintu Kumar took his daughter on a motorcycle. Learned counsel for the petitioner submits that nobody kidnapped the daughter of informant. Chintu Kumar and the daughter of informant were loving each other and on

Patna High Court CR. MISC. No.42622 of 2019(2) dt.11-07-2019 2/2 account of such love affairs, the daughter of informant left her house voluntarily and solemnized marriage with Chintu Kumar. The victim made her statement under Section 164 of the Cr.P.C. and she denied the factum of kidnapping. She also shows her willingness to live with her husband as her parents threatened to kill her.

Having considered the fact that the victim herself disclosed that nobody kidnapped her, rather she voluntarily left her house and solemnized marriage with Chintu Kumar (brother of petitioner), the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Arwal in connection with Bansi P.S. Case No.40 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T