Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55939 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Ajay Kumar, S/O Jamahir Ray @ Jawahar Ray, R/O Village- Naya Tola Raghopur, P.S- Bakhtiyarpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar, Advocate For the State :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-11-2023 Heard Mr. Suraj Kumar, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 53 of 2023, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.
3. The allegation against the petitioner is of enticing away the daughter of the informant for the purpose of marriage.
4. It is submitted on behalf of the petitioner that in fact, both the petitioner and the victim was in love affair and the victim voluntarily left her house and subsequently they solemnized the marriage at Baba Alakhnath Swargik Vikas Samiti, Barh, Patna on 03.02.2023, a certificate in this regard
Patna High Court CR. MISC. No.55939 of 2023(4) dt.08-11-2023 2/3 has been brought on record by way of Annexure-2. Further submission has been made that soon after the marriage, the victim appeared before the learned Court below, and her statement was recorded under Section 164 of the Code of Criminal Procedure, wherein she has categorically stated that she voluntarily left her house and solemnized marriage with the petitioner and she wanted to go with the petitioner. That apart, the victim was also examined by the Board of doctors and her age has been assessed more than 18 years. He further drew the attention of this Court to the photocopy of the Aadhar Card of the victim, where her date of birth has been mentioned as 14.12.04 and on the strength of the aforesaid documents he submits that the victim is a major girl and on her own volition, solemnized the marriage with the petitioner.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application, and after referring to some of the paragraphs of the case diary, submits that the age of the victim is still doubted by the prosecution and in fact, she is a minor girl and thus, the consent of the victim has no meaning in the eyes of law.
6. Regard being had to the submissions made on behalf of the parties and considering the statement of the victim
Patna High Court CR. MISC. No.55939 of 2023(4) dt.08-11-2023 3/3 recorded under Section 164 of the Code of Criminal Procedure and her medical report showing her age more than 18 years, coupled with the fair antecedent of the petitioner and the delay in lodging of the F.I.R., let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 53 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T