Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19816 of 2015 Arising Out of PS.Case No. -19 Year- 2014 Thana -BAIRGANIA District- SITAMARHI ======================================================

1. Monu Kumar Son of Late Mahendra Singh Resident of Village- Asogi, P.S. Bairgania, District- Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Verma For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HON'BLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.

In this application, the petitioner apprehends his arrest for the offences punishable under Section 366(A)/34 of the IPC. Allegedly minor daughter of the informant was kidnapped by the petitioner along with others but during investigation the statement of the victim girl has been recorded wherein, she has stated her age as 19 years and the learned court has assessed her age as 18 years wherein, she has stated that she was not kidnapped rather she went with the petitioner out of her own free will and consent and she has married with him but her

Patna High Court Cr.Misc. No.19816 of 2015 (2) dt.02-07-2015 2/2 father is not liking the said marriage and has lodged this case falsely.

Submission is that no such occurrence has taken place as alleged and the victim has not supported the allegation of kidnapping to which learned A.P.P. does not oppose. In the facts and circumstances stated above, the petitioner in case of his surrender or arrest within two months, from the date of receipt or production of a copy of this order shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 19 of 2014 subject to the conditions as laid down in Section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J) sushma/- U T