Patna High CourtCR. MISC./14329/2017bail granted

Birendra Kumar @ Pintu v. The State Of Bihar

2017-03-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14329 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -CHAUSA District- MADHEPURA ======================================================

1. Birendra Kumar @ Pintu Son of Chandra Shekhar Jaiswal, Resident of Village- Chousa, P.S.- Chousa, District- Madhepura .... Petitioner

Versus

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

For the Petitioner : Mr. Alok Kumar Singh, Adv. For the State : Mr. Shyam Kumar Singh, APP 138 For the informant : Mr. Brajesh Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 366A, 120B and 34 of the Indian Penal Code.

Allegation against the petitioner and his family members is that they kidnapped to Ashu Kumari @ Chinu. The victim-girl in her statement under Section 164 of the Criminal Procedure Code stated that she was forcefully taken away by the petitioner and his family members and kept in a hotel. Thereafter, she was forcefully married with the petitioner in a temple at the point of pistol, photographs of marriage were also taken. Thereafter, the petitioner remained with the victim in a hotel at Siliguiri as husband and wife. Subsequently, the petitioner brought her and kept at the marriage hall of Singheshwar Asthan, Madhepura.

The entire statement reveals that matter is of love affairs. However, under some pressure, the victim gave her statement under Section 164 of the Criminal Procedure Code.

Patna High Court Cr.Misc. No.14329 of 2017 (2) dt.29-03-2017 2/2 The learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid fact, 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 in connection with Chousa P.S. Case No. 40 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Udakishungaj, Madhepura, or successor Court.

(Birendra Kumar, J) SA/- U √ T √