Sikandar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51675 of 2018 Arising Out of PS. Case No.-218 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sikandar Kumar, son of Late Sagar Singh, resident of Village- Itwa, P.S. Town, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Mr. Pravin Kumar, Advocate.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Town P.S. Case No. 218 of 2018 dated 20.04.2018 instituted under Sections 363, 366A and 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with others had forcibly abducted the daughter of the informant with intention to forcibly marry her and also of threatening the informant and her family members.

4. Learned counsel for the petitioner submitted that the girl has since returned and has given statement under Section 164 of the Code of Criminal Procedure, 1973, in which she admits that she was on talking terms from before with the son of the petitioner and he liked her. Further, it was submitted that the story has been built up in such a way so as to implicate the petitioner , which was

Patna High Court Cr.Misc. No.51675 of 2018 dt.20-09-2018 2/2 at the behest of the family members of the girl. It was submitted that no overt act has been attributed to the petitioner and that even the marriage is not said to have been performed. It was submitted that the girl had herself gone with the son of the petitioner due to close relationship and has admitted that they were studying in the same coaching institute. It was submitted that in fact the name of the petitioner has not been specifically taken by the victim.

5. Learned APP submitted that the girl was minor and the allegation is of abduction.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Begusarai in connection with Town P.S.Case No. 218 of 2018, , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

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