Nanhaku Choudhary @ Arvind Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31166 of 2017 Arising Out of PS.Case No. -92 Year- 2013 Thana -RAJPUR District- BUXAR ======================================================
1. Nanhaku Choudhary @ Arvind Choudhary, Son of Ramayan Choudhary, Resident of Village- Rosen Raghurai Tola, P.S.- Rajpur, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-07-2017 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Rajpur P.S. Case No. 92 of 2013 instituted for the offence punishable under Section 366 of the Indian Penal Code. The case has been registered on the basis of written report of the informant wherein he has alleged that this petitioner on 05.05.2013 induced his daughter aged about 20 years for the purpose of marriage.
Learned counsel for the petitioner submits that the daughter of the informant was major at the time of alleged inducement. It was the daughter of the informant, who was having love affairs with the petitioner. She married with this
Patna High Court Cr.Misc. No.31166 of 2017 (2) dt.14-07-2017 2/2 petitioner and started leading material life and from the said wedlock, she has been blessed with two children. She was produced before the Magistrate for her statement under Section 164 of Cr.P.C. She has categorically denied the allegation of inducement or kidnapping. She has disclosed her age as 27 years. However, the Magistrate has assessed her age as 29 years.
The learned APP, on the other hand, opposed the submission.
In the aforesaid facts and circumstances, the anticipatory bail prayer is allowed. The petitioner, above named, in the event of arrest / surrender within six weeks from today, 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 learned Sub Divisional Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 92 of 2013, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sanjay Kumar, J) ajaypd./- U T