Deepak Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11151 of 2017 (3) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11151 of 2017 Arising Out of PS.Case No. -465 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Deepak Kumar, Son of Kapil Paswan, Resident of Village- Bhoua, P.S.- Patori, District- Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv. For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2017 Heard both sides.

The petitioner seeks bail in Patori P.S. Case No. 465/2016, registered for the offences punishable under Section 366(A) and other sections of the Indian Penal Code. The informant alleged at about 11.00 in the night while he was sleeping Deepak Kumar (petitioner) and others came and forcibly kidnapper his daughter.

Learned counsel for the petitioner submits that the victim herself made statement under Section 164 Cr.P.C, the statement shows that victim voluntarily left her house and went along with the petitioner to different places. The victim did not raise any objection.

It appears that the victim was in love with the petitioner

Patna High Court Cr.Misc. No.11151 of 2017 (3) dt.04-04-2017 from before. She did not complain any ill-treatment at the hands of the petitioner.

Considering the facts aforesaid and the fact that victim in her statement under Section 164 Cr.P.C gave a different story that while she had gone to ease out, the petitioner took her on a four-wheeler to different places and again brought her to the house, but the victim did not raise any objection anywhere while she was in the company of the petitioner, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 465/2016. (Prabhat Kumar Jha, J.) Vinita/- U T