Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4274 of 2018 Arising Out of PS.Case No. -740 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Kundan Kumar, Son of Kamlesh Singh, resident of Village- Raja Bigha, P.S. Makhdumpur, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Jehanabad P.S. Case No. 740/2017 dated 30.10.2017 instituted for the offence under Section 366A of the Indian Penal Code.

The sister of the victim (Anjali Kumar @ Guddi) has lodged the F.I.R. alleging that her sister was taken away on motorcycle by the petitioner.

From the records it appears that the so-called victim girl is aged about 20 years and was in love with the petitioner. In her statement under Section 164 of the Cr.P.C. before the learned Magistrate, the victim has stated that she and the petitioner were carrying on an affair for a long time and she has married him of

Patna High Court Cr.Misc. No.4274 of 2018 (2) dt.01-02-2018 2/2 her own choice and volition. She came to learn about the case lodged against the petitioner on 10th of November, 2017 only. She has reiterated the fact that she wishes to stay with the petitioner as his legally wedded wife. The sister of the informant (Victim) has herself disclosed her age to be 20 years and in her medical examination, she was found to be 19 years of age. Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 740/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J.) Rakhi U T