Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57806 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Prakash Kumar S/O- Raghunandan Mahto Resident Of Village- Harinagar, Harna, P.S.- Goradih, Distt- Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in registered for the offences punishable under section 366A of the Indian Penal Code.

As per the prosecution case, this petitioner kidnapped minor daughter of the informant.

Learned counsel for the petitioner submits that there was love affair between the daughter of informant and the petitioner and with the consent of the victim, petitioner solemnized marriage with her in the temple. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 11.3.2021.

Learned counsel for the State opposes the prayer for bail and submits that the victim in her statement recorded under

Patna High Court CR. MISC. No.57806 of 2021(2) dt.01-02-2022 2/2 section 164 Cr. P. C. has stated that the petitioner on allurement married the victim and she was even recovered from the house of the petitioner. Her age has been assessed by the Medical Board as 15 to 17 years.

Considering the nature of accusation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T