Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27397 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -HISUA District- NAWADA ======================================================

1. Navin Kumar S/o Ganesh Verma @ Ganesh Prasad Verma, R/o Kashichak Abhaypur, P.S.- Piri Bazar, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends arrest in Hisua P.S. Case No. 06 of 2018 instituted for the offence under Sections-366(A) of the Indian Penal Code.

It is alleged in the written report that the informant has gone out from his house, and his two daughters, namely, Rinku Kumari and Pinki Kumari were in the house. The informant on return asked Rinku Kumari about the whereabout of Pinki Kumari. She has stated that petitioner has visited her house and was talking with Pinki Kumari but when she returned from market, she found her sister, Pinki Kumari was missing and she also found that she has taken away jewellary, cash and other articles as mentioned in the written report along with her. Learned counsel for the petitioner has submitted that Pinki Kumari has performed marriage with petitioner, vide annexure-4 dated 18.01.2018 issued by Shree Indradamaneshwar Mahadev Trust. The

Patna High Court Cr.Misc. No.27397 of 2018 (3) dt.20-06-2018 2/2 victim has stated in her statement recorded under Section 164 Cr.P.C. that she had been taken by the petitioner to Delhi and other places and she lived with the petitioner for one month. She has not made any allegation against the petitioner of committing illegal act with her. The court has assessed her age as 19 years.

Learned counsel for the informant has opposed the prayer of bail.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Hisua P.S. Case No. 06 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) sushma/- U T