Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57859 of 2019 Arising Out of PS. Case No.-366 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== DIPAK KUMAR Son of Sanjay Ram @ Sanjay Kumar Resident of Bhola Paswan, Shastri Bhavan, Ashiyana Digha Road, P.S.- Shastri Nagar, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Yadav For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shastri Nagar P.S. Case No.366 of 2019 registered under Sections 363 and 366 of the Indian Penal Code. The accusation is that in the evening of 21.04.2019, the daughter of the informant had gone to attend the call of nature but she did not return to her house. The informant raised suspicion about kidnapping of her daughter by this petitioner for the purpose of marriage giving allurement to her. Learned counsel for the petitioner submits that, in fact, the daughter of the informant moved from her house with the petitioner at her own sweet will but with an ulterior motive,

Patna High Court CR. MISC. No.57859 of 2019(2) dt.16-09-2019 2/2 the informant has falsely implicated the petitioner in this case. Moreover, the daughter of the informant in her statement recorded under Section 164 of the Code of Criminal Procedure has clearly stated that she had gone with petitioner to Chhapra and performed the marriage at a temple there. Moreover, at the time of recording her statement under Section 164 of the Code of Criminal Procedure, her age has been assessed as 19 years by the learned Judicial Magistrate. The petitioner has no criminal antecedent.

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 six weeks from today, 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 the Additional Chief Judicial Magistrate-IV, Patna, in connection with Shastri Nagar Police Station Case No.366 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C (Rajendra Kumar Mishra, J) P.S./- U T