Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47624 of 2014 Arising Out of PS.Case No. -199 Year- 2014 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Dharmendra Kumar, S/o Mahngu Kushwaha, R/O Vill.- Chhotka Sankhe, P.S.- Uanchkagaon, District- Gopalganj.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 23-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Uchakagaown P.S. Case No.199 of 2014 registered under Section 366A of the Indian Penal Code. The allegation of the informant, Bhola Baitha, is that his sister, namely, Rina Kumari, aged about 17 years escaped from the house about four months ago and despite hectic search she could not be traced out and now the informant came to know that the petitioner has enticed away his sister for the purpose of performing the marriage. Learned counsel appearing on behalf of the petitioner submits that the petitioner and Rina Kumari, the sister of the informant, both are artists in the Orchestra Party and as the petitioner does not want to get

Patna High Court Cr.Misc. No.47624 of 2014 (2) dt.23-04-2015 2/2 the sister of the informant participated in the Orchestra Party, the present case has been lodged against the petitioner. It is further submitted that while in her statement recorded under Section 164 of the Code of Criminal Procedure, Rina Kumari, has stated that the petitioner sold her to the Orchestra Party after taking Rs.30,000/- but she has not stated anything against the petitioner regarding physical and sexual assault and in her medical examination, her age has been assessed in between 17 to 19 years. Moreover, the parties have also compromised the case and a joint compromise petition has also been filed in the court below by the parties, which would appear from Annexure-'4' to this application.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within four weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Mall, Judicial Magistrate, First Class, Gopalganj, in connection with Uchakagaown P.S. Case No.199 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T