Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41369 of 2019 Arising Out of PS. Case No.-568 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Vishal Kumar, son of Vijay Choudhary, Resident of Village - Manohar Patti, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Sakra P.S. Case No.568 of 2018 for the offence punishable under Sections 366, 366(A) of the Indian Penal Code.

The allegation against the petitioner is that the petitioner along with his friends kidnapped / abducted the daughter of informant for the purpose of marriage. By order dated 04.07.2019, victim girl, namely, Anshu Kumari and the petitioner were directed to appear in person before this Court inasmuch as the girl was recovered but no statement under Section 164 Cr.P.C. was recorded by learned Magistrate. The victim girl along with the petitioner have appeared before this Court as well as informant, i.e., father of the victim girl is also present in Court. Upon asking father of the victim girl, i.e., informant submitted that by mistake of fact, the

Patna High Court CR. MISC. No.41369 of 2019(3) dt.09-07-2019 2/2 present case has been lodged and he has no objection that girl should live with the petitioner as his wife. Upon asking the victim girl, she has stated before this Court that she has married with the petitioner in a temple and has further submitted that her age is about 19 years.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both petitioner as well as victim girl are present and the girl has stated that she is living happily with the petitioner as his wife and informant has also got no objection in the marriage, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioner, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate IVth Muzaffarpur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T