Sanoj Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27163 of 2016 Arising Out of PS.Case No. -298 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Sanoj Pandit S/o Chaturbhuj Pandit resident of Murauwatpur Petrol Pump, P.S. Desari, Distt. Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bishwajeet Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 05-07-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366 and 365 of the Indian Penal Code.
The accusation is of enticing away the minor daughter of the informant namely, Khusboo Kumari. It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement the victim has got her age recorded as 19 years when the court has assessed as 16 years though, as per medical opinion she was found between 16-17 years. In 164 Cr.P.C. statement the victim has stated that she of her own left the house since she was not happy because her
Patna High Court Cr.Misc. No.27163 of 2016 (2) dt.05-07-2016 2/2 parents wanted to marry her with someone else, hence, she called the petitioner and went with him and performed marriage in a temple. It is further submitted that as per the statement of the victim no case of abduction is made out and non-grant of bail to the petitioner will jeopardize the life of the victim. Learned counsel for the petitioner has drawn my attention to the order dated 19.01.2016 passed by learned CJM whereby the victim was release treating her as major.
In view of the above discussed facts, 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desari P.S. Case No. 298 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T