Bipin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62539 of 2023 Arising Out of PS. Case No.-154 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== BIPIN SAH Son of Prakash Sah Resident of Village-Sekhpur Chaman, P.S.- Udakishunganj, Dist.-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehend arrest in a case registered for the offences punishable under Sections 365, 366A, 504/34 of Indian Penal Code.

3. It is alleged that this petitioner along with other accused persons kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel appearing for the petitioner submits that victim in her statement, recorded under Section 164 of Cr.P.C., has denied the prosecution case and stated that she voluntarily solemnized marriage with co-accused Golu Kumar Jha. Court below has assessed the age of the victim as 18 years. Petitioner is co-villager of the informant and claims clean

Patna High Court CR. MISC. No.62539 of 2023(2) dt.11-10-2023 2/2 antecedent.

5. Considering the statement of the victim recorded under Section 164 of Cr.P.C. and the fact that court below has assessed the age of the victim to be 18 years, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate, Udakishunganj, Madhepura in connection with Udakishunganj P. S. Case No. 154 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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