Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7506 of 2015 Arising Out of PS.Case No. -232 Year- 2014 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Chanchal Kumar son of Ramprit Prasad resident of village Banwaripur, P.S. - Hilsa, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neha kumri .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 363, 366A and 504/34 of the Indian Penal Code. Subsequently, section 376 IPC was added.

The accusation is of kidnapping the minor daughter of the informant.

The petitioner claims to be in love with the victim and got married with her in temple and the marriage was registered before the Registrar, Gaziyabad. The victim has got her age recorded about 18 years in 164 Cr.P.C.

Patna High Court Cr.Misc. No.7506 of 2015 (5) dt.04-05-2015 2/3 statement whereas the Board of Doctors assessed the age of victim girl as 18-19 years.

It is submitted by learned counsel for the petitioner that the petitioner is a student of Engineering and the petitioner and the victim were in love since long. It is further submitted that the victim went in the company of the petitioner of her own.

It is submitted by learned counsel for the informant that the petitioner is a married person and being co-villager he enticed away the daughter of the informant. Considering the fact that petitioner being a married person, performed second marriage, this court is not inclined to grant anticipatory bail to the petitioner but considering the nature of accusation, statement of the victim girl under section 164 Cr.P.C. and particularly the marriage certificate which, prima facie, does not suggest that the victim was kidnapped, this is a case for consideration of prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Hilsa P.S. Case No. 232 of 2014 pending in the court of learned SDJM, Hilsa, Nalanda. This application is disposed of with the aforesaid

Patna High Court Cr.Misc. No.7506 of 2015 (5) dt.04-05-2015 3/3 observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T