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Patna High CourtCR. MISC./55992/2017bail granted

Mukesh Kumar Singh @ Amalesh Kumar Singh v. The State Of Bihar

2017-12-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55992 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Kumar Singh @ Amalesh Kumar Singh, son of Shankar Singh, Resident of Village- Bakhari Tola, P.S.- Patahi, District- East Champaran at Motihari.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Abhishek Kumar, Advocate. For the State : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 04-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Patahi P.S. Case No.113 of 2017 registered under Sections 363 and 366A/34 of the Indian Penal Code.

The accusation is that Amrita Kumari, aged about 17 years, the daughter of the informant Jai Prakash Singh, had gone to school but she did not return. In course of her search, three mobile numbers, out of which one belonging to the petitioner, were found mentioned in her book. The informant raised suspicion against the petitioner and one Chunnu Tiwary having hand in the kidnapping of his daughter for the purpose of marriage.

Patna High Court Cr.Misc. No.55992 of 2017 (2) dt.04-12-2017 2/2 Learned counsel for the petitioner submits that after returning of the daughter of the informant, her statement under Section 164 of the Code of Criminal Procedure was recorded on 26.07.2017 in which she has stated that she is having love with the petitioner since six months and they used to talk on phone with each other. On being asked by the petitioner, she moved with the petitioner to Dhaka to perform the marriage but the petitioner refused to perform the marriage and asked her to go to the house but she went to the house of her 'Phua', which would appear from Annexure-2 to this application, but she has not stated about the illegal behaviour at the hand of the petitioner.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 8th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Patahi P.S. Case No.113 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T