Patna High CourtCR. MISC./58985/2019bail granted

Sumant Kumar v. The State Of Bihar

2019-09-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58985 of 2019 Arising Out of PS. Case No.-202 Year-2017 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== SUMANT KUMAR Son of Ashok Singh Resident of Village- Manjhaul, P.S.- Cheriya Bariyarpur, District- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abul Kalam, Adv For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363,366A/34 of the Indian Penal Code.

Allegation against the petitioner is that he kidnapped to the daughter of the informant. In her statement under Section 164 Cr.P.C., the victim supported the allegation of kidnapping, however, subsequently she filed a petition before the learned court below that according to school certificate her date of birth is 07.04.1998 and she had voluntarily married with the petitioner. Affidavit sworn in support of the marriage was also enclosed with the petition. Petitioner is in custody since

Patna High Court CR. MISC. No.58985 of 2019(2) dt.27-09-2019 2/2 03.01.2019.

Earlier prayer for bail of the petitioner was refused by a Coordinate Bench of this Court on 22.04.2019 only for the reason that the petitioner did not produce the victim girl on the direction of the Court.

Submission is that the victim under pressure of the parents is not ready to appear before the Court. Considering the entire facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No.280 of 2019 arising out of Cherya Bariyarpur Police Station Case No.202 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T