Patna High CourtCR. MISC./53797/2019bail granted

Pushpraj Kumar v. The State Of Bihar

2019-08-27Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53797 of 2019 Arising Out of PS. Case No.-184 Year-2018 Thana- JADIA District- Supaul ====================================================== PUSHPRAJ KUMAR, aged about 23 years, Male, S/o Gopal Yadav, R/o village- Parsagadhi (South), P.S.- Jadiya, Distt.- Supaul ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sharda Nand Mishra, Adv.

For the Opposite Party :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Jadiya P.S. Case No. 184 of 2018 for the offences alleged under Sections 363, 366A and 34 of the Indian Penal Code. The accusation is of kidnapping of daughter of the informant, aged about 14 years, by the petitioner with the help of his other family members for the purpose of marriage. The submission of the learned counsel for the petitioner is that due to love affairs, daughter of the informant moved with this petitioner and performed marriage. The statement of the daughter of the informant is recorded on 01.04.2019 under Section 164 of the Criminal Procedure Code, in which she has stated about performance of marriage with the petitioner and her age was also assessed at that time about 18

Patna High Court CR. MISC. No.53797 of 2019(2) dt.27-08-2019 2/2 years, which would appear from Annexure 3.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Jadiya P.S. Case No. 184 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T