Kamlesh Singh And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.7240 of 2015 (2) dt.02-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7240 of 2015 Arising Out of PS.Case No. -383 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Kamlesh Singh

2. Baban Singh.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramashish Singh.

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

For the Petitioner/s : Mr. Abhay Kumar Thakur For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 08.11.2014 in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

It is alleged that while the wife of the informant went to worship in a temple, the informant's minor daughter Soni Mamta was kidnapped by the cousin of the informant's wife namely, Abhijit Kumar, subsequently this petitioner assured that the victim will return but subsequently they refused to hand over the victim to the informant.

In 164 Cr. P.C. statement the victim got her age recorded as 17 years when the court assessed her age as 19 years where she stated that initially she was being taken away by her maternal

Patna High Court Cr.Misc. No.7240 of 2015 (2) dt.02-03-2015 uncle Dadan Singh. It is alleged that the victim was forced to marry with the son of petitioner Kamlesh Singh. It is alleged against the petitioner Baban Singh that he assaulted the victim. It is submitted by learned counsel for the petitioners that the victim returned of her own and she also filed a petition before learned ACJM, Patna City that she of her own went to maternal aunt. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the inconsistencies in 164 Cr. P.C., statement of the victim and the application filed before the learned court below by the victim, let the above named petitioners be released on bail, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 383 of 2014. (Dinesh Kumar Singh, J) Amrendra/- U T