Achche Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15571 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Achche Kumar Ram aged about 24 years, Male, Son of Late Mohinia Ram @ Late Mihinia Ram, Resident of Village - Private Bus Stand Ward No. 7, Madhubani, P.S.- Madhubani, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Shubham For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

02-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Nagar P.S. Case No.201 of 2020, corresponding to C.R.I. No. 1595 of 2020, registered for the offence under Sections 363, 366(A)/323/504/506/34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith other accused persons kidnapped the minor daughter of the informant.

It is submitted on behalf of petitioner that victim has already been recovered and her statement was recorded under Section 164 Cr.P.C., in which, she has denied the allegation made against this petitioner. She has stated that she voluntarily

Patna High Court CR. MISC. No.15571 of 2021(2) dt.02-07-2021 2/2 gone with the petitioner and solemnised marriage with the petitioner. Petitioner claims clean antecedent and he is in custody since 12.08.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that victim is minor and her age has been assessed to be between 15-16 years by the doctor. Though, victim has given her consent to live with the petitioner, but consent of minor is immaterial.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J.) anay U T