Chandan Kumar @ Chandra Kumar @ Chander Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.15106 of 2016 (5) dt.05-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15106 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -KURTHA District- JEHANABAD ====================================================== Chandan Kumar @ Chandra Kumar @ Chander Kumar son of Sanjay Singh resident of Village Feku Bigha, P.S. & District Arwal. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Paras Nath, Advocate For the Opposite Party : Mr. Sanjay Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Kurtha P.S.Case No.95 of 2015 registered for an offence under Sections 366(A)/34 of the IPC.

The prosecution case, in short, is that the informant Bijay Banjara filed an written application before the SHO, Kurtha alleging therein that the accused Neha Kumari took away the sister of the informant, namely, Pushpanjali Kumari for payment of money at Arwal and assured that she will return in the evening. When Pushpanjali did not return then on 17.07.2015 informant and his family members went to the house of Neha Kumari then they got knowledge that Neha Kumari and Chandan Kumar and

Patna High Court Cr.Misc. No.15106 of 2016 (5) dt.05-08-2016 his friends Monu Kumar, Manish Kumar and Pankaj Kumar took away the sister of the informant Pushpanjali Kumari aged about 12 years for the purpose of marriage, Pushpanjali Kumari was studying in class-VIII.

Learned counsel for the petitioner submits that the petitioner is in custody since 04.11.2015. There is no allegation of tampering of witnesses against the petitioner. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. From perusal of para-46 of the case diary, it is evident that the victim was in love affair with one Monu Kumar and she had left her home along with said co-accused. The victim has already been recovered.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Jehanabad, in Sessions Trial No.18 of 2016 arising out of Kurtha P.S.Case No.95 of 2015.

(Sudhir Singh, J) B.Kr./- U T