Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46613 of 2016 Arising Out of PS.Case No. -263 Year- 2016 Thana -BODHGAYA District- GAYA ====================================================== Dhiraj Kumar, Son of Basudeo Manjhi, Resident of Village- Mastipur, P.S.- Bodh Gaya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahtab Alam, Adv. For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2016 Heard both sides.

The petitioner apprehends his arrest in Bodhgaya P.S. Case No. 263/2016, registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code. The informant made allegation that the petitioner kidnapped his minor sister aged about 16 years. It is submitted that the victim made her statement under Section 164 Cr.P.C. and disclosed that she voluntarily left her house and went along with the petitioner. She wanted to solemnize marriage, but her family members objected. The doctor assessed the age of the victim about 19 years.

Considering the facts aforesaid and the fact that the victim herself denied the factum of her kidnapping rather she

Patna High Court Cr.Misc. No.46613 of 2016 (2) dt.02-12-2016 2/2 disclosed that she voluntarily left the house and went along with the petitioner, as she wanted to marry with him, the petitioner above-named, in the event of his 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, 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, Gaya in connection with Bodhgaya P.S. Case No. 263/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T