Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76717 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- DANDARI District- Begusarai ====================================================== Prem Kumar, Son of Ashok Poddar, Resident of Village- Neema, P.S.- Neema Chandpura, District- Begusarai.

... ... Petitioner

Versus

1. The State Of Bihar.

2. Krishna Kumar Singh, S/O Sri Chottan Singh, Village-Katarmala, P.S. Dandari,District-Begusarai.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Indu Kumari Sinha, Advocate.

For the State :

Mr. Madhuranand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 19.08.2018 in a case for the offence registered under Sections 363, 366(A) and 504 of the IPC.

The prosecution story, in brief, is that on 01.02.2018 at 7.00 O'clock, in the morning, the informant's minor daughter Tannu Kumari aged about 17 years, student of Intermediate Class, has been kidnapped by the petitioner for the purpose of marriage and when the informant got knowledge of the same fact, he contacted the parents of the petitioner upon which, they

Patna High Court CR. MISC. No.76717 of 2018(4) dt.15-04-2019 2/3 started abusing the informant and said that they have no concern with their son (petitioner).

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to love affairs, the victim eloped with the victim and performed marriage which is evident from marriage photographs which have been produced in the Court by learned counsel for the petitioner. Later on, when she went into the custody of her father, she has made statement under Section 164 Cr.P.C. alleging that the petitioner had forcibly performed marriage. The victim is alleged to be major as per the medical certificate.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st

Patna High Court CR. MISC. No.76717 of 2018(4) dt.15-04-2019 3/3 Class, Begusarai, in connection with Dandari P.S. Case No. 12 of 2018.

(Sudhir Singh, J) U.K./- U T