Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50641 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== SUNIL KUMAR, Son of Ram Ekbal Singh, Resident of Village- Baya, P.S.- Bela, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Parihar P.S. Case No.112 of 2019 instituted for the offence under Section(s) 366-A/34 Indian Penal Code.

It is alleged in the written report that daughter of the informant was kidnapped by the accused persons as named in the written report.

Victim girl has given statement under Section 164 Cr.P.C., wherein, she has stated her age as 22 years and the Court has also assessed her age as 22 years. The victim has stated that she has voluntarily performed marriage with Sunil Kumar (petitioner).

Counsel for the petitioner submits that subsequently

Patna High Court CR. MISC. No.50641 of 2019(2) dt.20-08-2019 2/2 victim has filed a petition in the Court below that she had not given statement under Section 164 Cr.P.C. as per her free will. This Court finds that girl is major. She has stated in her statement that she has performed marriage with the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Parihar P.S. Case No.112 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T