Munna Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39044 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -RAJEPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Bhagat S/o Shivjee Bhagat Resident of Village Khemai Patti, P.S. Minapur, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Smt. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-09-2015 Heard Sri. Dilip Kumar Tondon, learned counsel for the petitioner and learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 66 of 2014 registered for the offences punishable under Sections 447, 363, 366(A)/34 of the Indian Penal Code.

The prosecution case as alleged by one Narayan Prasad, father of the victim in a written report to the S.H.O. Rajepur P.S is that on 21.06.2014 the petitioner alongwith other co-accused persons have kidnapped his 16 year old daughter, namely, Pinki Kumari for the purpose of marriage. It has been submitted by the learned counsel for the petitioner that he has a clean antecedent and as per annexure-2,

Patna High Court Cr.Misc. No.39044 of 2015 (2) dt.30-09-2015 2/2 which is the statement recorded under Section 164 of the Indian Penal Code of the Victim Pinki Kumari, the victim has herself deposed that she is married to the petitioner out of her sweet will. The Magistrate has assessed her age as 20 years and she is not a minor girl as alleged in the prosecution story. Under such circumstances, let the petitioner, namely Munna Bhagat in the event of his arrest or surrender within a period of four weeks from today before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarahna at Motihari in connection with Rajepur P.S. Case No. 66 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Nilu Agrawal, J) sushma/- U