Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43831 of 2019 Arising Out of PS. Case No.-342 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Sanjeet Kumar, Son of Late Gurucharan Singh Resident of Village- Datauli, P.S.- Inderpuri, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Sasaram (Tilauthu) P.S. Case No. 342 of 2017, registered under Section 366(A) of the Indian Penal Code. The allegation against the petitioner, as per FIR, is that the informant, who is father of the victim girl, informed the police, that on 16.03.2017 at about 06:00AM he did not find his daughter, Priya Kumari, in her room and on search he came to know that a friend of his daughter, namely, Sanjeet Kumar, was also missing from his house. Accordingly, it has been alleged that Sanjeet Kumar has eloped with the daughter of the informant and kidnapped her for marriage.

Learned counsel for the petitioner submits that there

Patna High Court CR. MISC. No.43831 of 2019(2) dt.17-07-2019 2/3 was love affair between the petitioner as well as the victim girl inasmuch as when the victim girl was recovered, her statement, under Section 164 of the Code of Criminal Procedure, was recorded, in which she has stated that she has entered into marriage alliance with the petitioner. Learned counsel for the petitioner referred Annexure - 2, which is order passed by the Chief Judicial Magistrate and from perusal of order dated 29.10.2018, it appears that the learned Chief Judicial Magistrate has allowed the victim girl to live with the petitioner and his family members.

After having heard learned counsel for the parties and taking into consideration the fact that both, petitioner as well as victim girl, have got married and age of the victim girl as disclosed before the learned Chief Judicial Magistrate is more than 18 years and learned Chief Judicial Magistrate allowed the victim girl to live with her husband i.e. petitioner and his family members, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with

Patna High Court CR. MISC. No.43831 of 2019(2) dt.17-07-2019 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Tilauthu) P.S. Case No. 342 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S. Katyayan/- U T