Dhiraj Kumar Sah @ Khatiwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 72249 of 2018 Arising Out of PS. Case No.-383 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Dhiraj Kumar Sah @ Khatiwa, Son of Sri Dilip Sah, Resident of VillageTekari (Ismailpur), P.S.- Tekari, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiwesh Chandra Mishra For the Opposite Party/s :
Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2018 Heard both sides.
The petitioner seeks bail in Jagdishpur Police Station Case No 383 of 2018 registered under Sections 363, 366A/34 of Indian Penal Code.
The father of the victim alleged that his daughter, who is studying in BA in S M College, Bhagalpur, had gone to College but did not return.
Learned counsel for the petitioner submits that father of the victim suspected that the petitioner might have kidnapped his daughter but it is a love affair between the petitioner and the daughter of the informant. Earlier his daughter filed case against her father and others. Later on, she appeared and made her statement under Section 164 of Criminal Procedure Code
Patna High Court Cr.Misc. No.72249 of 2018(2) dt.11-12-2018 2/2 (Annexure 3). The statement of the victim shows that she was consenting party and she moved around along with petitioner out of her free will and consent. Age of the victim has been assessed to be more than 18 years. The victim also disclosed her age to be 21 years in her statement under Section 164 of Criminal Procedure Code.
Considering the fact that the victim is major and from perusal of the statement of victim, it appears that she left her house with the petitioner out of her free will and consent, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Jagdishpur Police Station Case No 383 of 2018.
(Prabhat Kumar Jha, J) M.E.H./- U T