Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44516 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== RAJ KUMAR, Son of Gopi Choudhary @ Gopi Chandra Choudhary, Resident of Village - Chhuari, P.S. - Chanpatia, District - West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 366(A)/34 of the Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offenses Act, 2012.

The FIR relates to kidnapping of the daughter of the informant.

Submission is that the marriage certificate at Annexure-3 would show that she has already married with coaccused Awadhesh Singh. Allegation against the petitioner is simple that he had assured that the girl would be recovered but not recovered. Further submission is that in her statement, under Section 164 Cr.P.C., the victim has stated that she had

Patna High Court CR. MISC. No.44516 of 2019(2) dt.19-07-2019 2/2 voluntarily gone with the co-accused with whom she married. Petitioner has got no criminal antecedent.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chanpatia Police Station Case No. 63 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T