Akhilesh Yadav @ Akhlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25383 of 2015 Arising Out of PS.Case No. -166 Year- 2012 Thana -MANSI District- KHAGARIA ======================================================

1. Akhilesh Yadav @ Akhilesh Yadav S/o Dhodho Yadav resident of Village - Amni, P.S. - Mansi, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Rajendra Singh Shastrijee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A, 376 of the Indian Penal Code.

The accusation is kidnapping the minor daughter of the informant. The victim in her 164 Cr.P.C statement has stated that she was taken to Khagaria and then to Ludhiyana where physical relationship was established by this petitioner.

It is submitted by learned counsel for the petitioner that victim has married with the petitioner and at present she is residing with the petitioner. The date of birth entered into the Aadhar Card reflects the age of the victim as 19 years on the date of occurrence. The impugned order suggests that as per medical report the victim was found aged

Patna High Court Cr.Misc. No.25383 of 2015 (2) dt.14-07-2015 2/2 about 17 years.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for three months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 166 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the petitioner get the victim appeared before learned Court below on 3rd of August, 2015 when learned Court below will record the statement of the victim and if the victim admits that she, of her own married with the petitioner then the provisional anticipatory bail of the petitioner will be confirmed by learned Court below. But, if the victim suggests otherwise then petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Shageer/- U T