Amit Kumar @ Amitabh Kumar Kumar @ Amit Yadav @ Amitabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57316 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- BAGHA District- West Champaran ====================================================== AMIT KUMAR @ AMITABH KUMAR KUMAR @ AMIT YADAV @ AMITABH KUMAR Son of Mahatam Yadav Resident of Navakatola, Bargaown, P.S.- Bagaha, District - West Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bagaha P.S. Case No. 218 of 2019 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
Allegation against the petitioner is that he along with other accused kidnapped the minor daughter of the informant for the purpose of marriage.
Submission of the learned counsel for the petitioner is that after recovery statement of victim recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case. Moreover, medical board examined the victim girl and her age assessed between 19 to 20 years.
Heard learned A.P.P. and counsel appearing on behalf
Patna High Court CR. MISC. No.57316 of 2019(2) dt.11-09-2019 2/2 of the informant who have opposed the bail prayer on the ground that she is minor which appears from her Matriculation Certificate and the Court has also assessed her age 18 years and the witnesses has also supported the prosecution case Having heard both sides, in view of the above facts victim has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C., let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M. 1st, Bagaha, West Champaran in connection with Bagaha, P.S. Case No. 218 of 2019 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.
(Vinod Kumar Sinha, J) T.Kr./- U T