Bikash Tuplaunde v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15769 of 2017 Arising Out of PS.Case No. -938 Year- 2016 Thana -BANKA District- BANKA ====================================================== Bikash Tuplaunde S/o Gangadhar Sitaram Tuplaundee, resident of Pimpalgaon Ketki, P.S. Dindari, District Nasik (Maharashtra) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajib Ranjan Jha For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2017 Heard both sides.

The petitioner seeks bail in Banka P.S. case No. 938 of 2016 under Section 366A of the Indian Penal Code. The informant alleged that her daughter went for tuition on 21.11.2016 in the morning but she did not return. Her daughter was studying earlier in Nasik and she used to talk with the petitioner on mobile No. 8308935143. The informant alleged that petitioner must have kidnapped her daughter for the purpose of marriage.

The learned counsel for the petitioner submits that father of the victim is still residing in Maharashtra. There were love affairs between the victim and the petitioner. The victim moved all along with petitioner from Banka to Nasik but she did not raise any alarm. The victim made her statement under Section

Patna High Court Cr.Misc. No.15769 of 2017 (3) dt.28-04-2017 2/2 164 of the Cr. P. C. and she disclosed that petitioner took her to Nasik on the pretext of illness of her mother but the statement of victim itself shows that the victim was a consenting party and she went along with petitioner out of her free will. The victim did not complain any ill treatment at the hands of the petitioner. Considering the facts that victim did not complain any ill treatment at the hands of the petitioner and it appears that she went all along with petitioner from Banka to Nasik but she did not complain nor protested any where on her way to Nasik, the above named petitioner 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 Chief Judicial Magistrate, Banka in Banka P.S. Case No. 938 of 2016. (Prabhat Kumar Jha, J) BKS/- U T