Amar Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51424 of 2015 Arising Out of PS.Case No. -188 Year- 2015 Thana -FALKA District- KATIHAR ====================================================== Amar Kumar Sharma, Son of Shri Kokai Sharma, resident of VillageBhangha, Police Station- Falka, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Falka P.S. Case No. 188 of 2015 for offence under Section 363 and 366(A) of the Indian Penal Code and charge-sheet has been submitted under Section 366(A) of the Indian Penal Code.

As per the allegation, the victim was taken to the Barari temple and the petitioner forced her for marriage. She refused to enter into the wedlock on account of the fact that she was only fifteen years of age. An allegation has also been made that the petitioner had given threat to life but, the marriage could not be solemnized. When the parents could know, they went to

Patna High Court Cr.Misc. No.51424 of 2015 (3) dt.30-01-2016 the temple and take her to the house.

Learned counsel for the petitioner submits that the girl has a love and affair. She had gone along with the petitioner without any resistance on the motorcycle. She is a grown up girl. If there would have been any resistance, she could have raised alarm but, no such action was taken by the girl. The petitioner is in custody since 24.7.2015.

Looking to the nature of allegation, let the petitioner, namely, Amar Kumar Sharma, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Falka P.S. Case No. 188 of 2015.

(Shivaji Pandey, J) Rishi/- U T