Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64649 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== VIKASH KUMAR S/O Yogendra Paswan R/O Village- Sahdullapur, P.SGanga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Rana Randhir Singh For the Informant :

Mr. Raja Ram Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Hajipur Sadar P.S. Case No. 136 of 2022, registered for the offences punishable under Sections 366(A), 365 of the Indian Penal Code.

As per allegation, the accused persons named in the Fir including the petitioner had kidnapped the minor daughter of the informant, aged about 15 years. The learned counsel for the petitioner has submitted that there was love and affection between the petitioner and the daughter of the informant and she has solemnized her marriage with the petitioner. In her statement under Section 164 of the Cr.P.C., She has stated that on 06.01.2022, she has solemnized her marriage with the petitioner with her own sweet will

Patna High Court CR. MISC. No.64649 of 2022(5) dt.19-04-2023 2/3 because her family members were making pressure on her to solemnize her marriage elsewhere.

On the other hand, the learned counsel for the informant as well as the learned APP have opposed the prayer for bail and submitted that the victim is minor girl as per per birth certificate, to which the learned counsel for the petitioner has replied that the learned Magistrate has assessed her age as 21 years and as per medical report, she is between 18 to 20 years.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 136 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application

Patna High Court CR. MISC. No.64649 of 2022(5) dt.19-04-2023 3/3 before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T