Manu Tiwari @ Abhimanu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37905 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -NATWAR District- SASARAM (ROHTAS) ====================================================== Manu Tiwari @ Abhimanu Tiwari S/o Dinesh Tiwari, R/o Vill.- Mangrao, P.S.- Kachhawa, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 04-07-2018 Heard learned counsel for the petitioner and Mr. J.N. Thakur learned counsel for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The prosecution case as per the written report of Umarawat Kunwar submitted to the Station House Officer, Natwar P.S. is to the effect that on 20.02.2018 at 7.00 A.M. the informant's daughter Rinku Kumari aged about 17 years went outside the house to east out and thereafter she went traceless. After enquiry being made, it transpired that she was having love affairs with the petitioner from before. When the informant complained to the parents of the petitioner about the victim, they conveyed that the petitioner will marry with the daughter of the

Patna High Court Cr.Misc. No.37905 of 2018 (2) dt.04-07-2018 informant.

It is submitted by learned counsel for the petitioner that the victim in her statement under Section 164 Cr.P.C. has stated that she called the petitioner on 18.02.2018 to Sasaram and got married with him. The victim got her age recorded as 19 years, when the Court has also assessed as such. Learned APP, however, submits that the petitioner is named in the FIR with specific accusation. Considering the fact that the statement under Section 164 Cr.P.C. negates the accusation under Section 366A of the I.P.C., let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, District - Rohtas at Sasaram in connection with Natwar P.S. Case No. 16 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T