Vikki Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18660 of 2016 Arising Out of PS.Case No. -54 Year- 2015 Thana -DEHRI MAHILA P.S. District- SASARAM (ROHTAS) ====================================================== Vikki Kumar Choudhary, son of Jinandan Choudhary, Resident of villageBaradhi (Munsi Tola), P.S.- Akodhigola, District- Rohtas at Sasaram .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bindhyachal Singh, Advocate Mr. Vipin Kumar Singh, Advocate Mr. Sachin Kumar, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 423, 313, 420, 323, 341, 506/34 of the Indian Penal Code.

As per the allegation, the informant, who was married, was enticed away by the petitioner and forcibly married and kept at Bangalore, Kolkata, Allahabad etc. The FIR was lodged by her father for kidnapping of her daughter. In that case, the petitioner was made an accused in which he was granted bail after holding that he was a juvenile.

It is contended on behalf of the petitioner that it is clear from the FIR that the informant was already married. Further, the

Patna High Court Cr.Misc. No.18660 of 2016 (2) dt.12-05-2016 2/2 allegation is that under threat, she was taken to Bangalore, Kolkata, Allahabad etc. but it is improbable story as it is not a case that she raised alarm anywhere.

Be that as it may, for the purpose of kidnapping, an FIR was already lodged in which, finding the petitioner as a juvenile, bail has already been granted. Now, the second FIR was lodged with allegation that the petitioner has somehow managed to be declared as a juvenile by producing forged document and subsequently, she has been thrown out of the house. Having regard to the facts and circumstances of the case, let the petitioner, namely, Vikki Kumar Choudhary be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Dehri (Mahila) P.S. Case No.54/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T