Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70582 of 2021 Arising Out of PS. Case No.-71 Year-2021 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Shivam Kumar Son of Bhagwat Mahton Resident of Village - Bandal (Dildarpur), Police Station - Nathnagar, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard both parties.

The petitioner seeks bail in Madinichowki P.S. Case No. 71 of 2021, registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

As per the prosecution case, petitioner with the help of other co-accused person kidnapped the minor daughter of informant.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. In fact, there was love affair between the victim girl and the petitioner. The victim girl in her statement under Section 164 Cr.P.C has stated that she voluntarily left her house and went along with this petitioner and they have solemnized marriage in a temple. They are living as wife and husband and disclosed her age to be 15

Patna High Court CR. MISC. No.70582 of 2021(3) dt.25-04-2022 2/2 years and the medical board has assessed her age to be 18-19 years. Petitioner claims clean antecedent and he is in custody since 01.07.2021.

In view of the statement of victim girl under Section 164 Cr.P.C, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Lakhisarai in connection with Madinichowki P.S. Case No. 71 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T