Patna High CourtCR. MISC./31948/2015bail granted

Dharmendra Kumar @ Dharmendra Malakar And ANR v. State Of Bihar And ANR

2015-08-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31948 of 2015 Arising Out of PS.Case No. -12 Year- 2015 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Dharmendra Kumar @ Dharmendra Malakar S/o Raj Kumar Malakar Malakar

2. Priyanka Kumari W/o Dharmendra Kumar @ Dharmendra Malakar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rekha Kumari W/o Late Mukesh Prasad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant.

In 164 Cr.P.C. statement, the victim girl got her age recorded as 13-15 years whereas the learned court below has assessed her age 14 years wherein the victim has stated the she was being kidnapped by Ravi Kumar, who established forceful physical relationship with her. The victim was being taken to the house of the petitioners who are sister and brother-in-law of coaccused Ravi Kumar but as soon as, they came to know about the

Patna High Court Cr.Misc. No.31948 of 2015 (2) dt.07-08-2015 2/2 case they asked Ravi Kumar and victim to leave their house and, thereafter, Ravi Kumar married with her.

Considering the thrust of accusation is against Ravi Kumar, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Biharsharif at Nalanda in connection with Noor Sarai P.S. Case No.12 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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