Anish Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41468 of 2016 Arising Out of PS.Case No. -779 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================
1. Anish Kumar S/o Chandu Sah
2. Deepak Kumar S/o Chandu Sah
3. Parvati Devi w/o Chandu Sah all are R/o Argara Chowk, PS Katihar town, distt Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-11-2016 Heard both sides.
The petitioners apprehend their arrest in Katihar Town P.S. Case No. 779/2015, registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code. The informant alleged that Manish Kumar had earlier kidnapped her daughter for which P.S. Case no. 506/2015 was registered. On 20.12.2015 her daughter gone to attend the call of nature, but again Manish Kumar, Anish Kumar and Dipak Kumar kidnapped her daughter and Parvati Devi also helped them in the kidnapping of the girl.
Learned counsel for the petitioners submits that the victim was in love with Manish Kumar. The victim made her
Patna High Court Cr.Misc. No.41468 of 2016 (3) dt.22-11-2016 2/2 statement under Section 164 Cr.P.C. and disclosed that she voluntarily left her house and went along with Manish Kumar to Delhi and they solemnized marriage. The victim disclosed her age to be 19 years. The doctor also assessed the age of the victim about 18-19 years.
Considering the facts aforesaid and the fact that the victim did not disclose the name of the petitioners rather disclosed that she voluntarily left her house and solemnized marriage with Manish Kumar, the petitioner above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 779/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T