Mithun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75884 of 2018 Arising Out of PS. Case No.-274 Year-2018 Thana- KADWA District- Katihar ====================================================== Mithun Ram Son of Late Dilip Ram Resident of Village-Basantpur,Police Station Kadwa,Distt.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kadwa P.S. Case No. 274/2018, instituted for offences under Section(s) 366A, 504, 323/34 of the Indian Penal Code.

It is alleged in the written report that petitioner has kidnapped the daughter of informant for the purpose of marriage.

Case diary has been received, wherein it is mentioned that statement of victim has been recorded under Section 161 Cr. P.C., in which she has stated that she had gone to Delhi with this petitioner and performed marriage with him. She has stated in her statement that she lived in Delhi with this petitioner for 34 days as husband and wife.

Patna High Court CR. MISC. No.75884 of 2018(4) dt.06-03-2019 2/2 Statement of victim has also been recorded under Section 164 Cr.P.C., wherein she has stated that petitioner had taken her to Delhi and kept her in a room. She has further stated that petitioner established physical relation with her three times. Victim has been medically examined. Doctor has not found any injury either on the private part or on any part of body of the victim.

Petitioner is in custody since 30.08.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IVth, Katihar, in connection with Kadwa P.S. Case No. 274/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T