Ravi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1115 of 2017 Arising Out of PS.Case No. -506 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Ravi Ranjan Kumar, Son of Upendra Kumar @ Upendra Sah, Resident of Village- Moraul, Police Station- Maniyari, District- Muzaffarpur. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mrs.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 02-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner seeks bail in connection with Muzaffarpur Town P.S. Case No.506 of 2016 registered under Sections 365 and 366 of the Indian Penal Code. The accusation is of kidnapping the victim, the daughter of the informant, by this petitioner, his parents and brother in course of returning of the victim from college to her house on 09.12.2015 with an intention to perform her marriage with this petitioner.

Patna High Court Cr.Misc. No.1115 of 2017 (3) dt.02-02-2017 2/3 Learned counsel appearing on behalf of the petitioner submits that, in fact, there was love affair in between the victim and this petitioner and the victim moved with this petitioner according to her own sweet will and performed the marriage with this petitioner on 11.12.2015 in Sri Baba Pataleshwar Nath Temple Nyas Samit, Katra, Hajipur (Vaishali), which would appear from Annexure-'2' to this application. Further submission is that the victim was taken by her parents from the house of this petitioner on 02.08.2016 and, thereafter, the parents of the victim got recorded the statement of the victim under Section 164 of the Code of Criminal Procedure on 09.08.

2016 in which she stated that the co-accused Dharmendra Sah and one Jitu alias Kumar Sanu boarded her on a white coloured scorpio forcibly and taken her to the house of one Sunil Sah at village-Saundho from where she was taken to a temple and her marriage was performed with this petitioner forcibly and, thereafter, she was taken back to the house of the petitioner at village-Moraul where this petitioner used to commit rape on her. Further submission is that while the Investigating Officer tried to examine the victim medically, but she refused for medical examination, which would appear from paragraph-37 of the case diary.

Patna High Court Cr.Misc. No.1115 of 2017 (3) dt.02-02-2017 3/3 has disclosed her age as 20 years. Further submission is that the petitioner is in custody since 15.11.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur P.S. Case No.506 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T