Nishu @ Nishant Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.48841 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48841 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Nishu @ Nishant Kumar, Son of Late Raj Kumar Kahar, Resident of Village- Medanipur, P.S.- Denara, District- Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Dinara P.S. Case No. 72 of 2017 registered for the offence punishable under Section 366(a) of the Indian Penal Code.

The informant is the father of the victim girl. He has lodged an FIR in which petitioner has been alleged to have abducted his daughter.

Learned counsel for the petitioner submitted that the girl was recovered by the police and in her statement under Section 164 Cr.P.C. the girl has clearly stated that she went with petitioner on her sweet will and had accompanied with Nishant

Patna High Court Cr.Misc. No.48841 of 2017 (2) dt.17-10-2017 Kumar and marriage has also been solemnized between them. The girl has alleged that her age is 19 years old whereas medical board constituted has assessed her age to be 17 to 18 years. However, in the matriculation certificate the date of birth has been given as 07.03.2001. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 25.07.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above 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 learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas, in connection with Dinara P.S. Case No. 72 of 2017. (S. Kumar, J) veena/- U T