Chandrabhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66216 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== Chandrabhushan Kumar, Son of Mishrilal Sah, Resident of Village - and P.S.- Madhuban, Distt.- East Champaran.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 This is an application for grant of anticipatory bail in connection with Madhuban P. S. Case No. 92 of 2019, disclosing offences under Sections 363 and 366A/34 of the Indian Penal Code.

As per F.I.R. petitioner is said to have kidnapped the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that the statement of the girl has been recorded under Section 164 Cr.P.C., in which, she disclosed her age about 18 years and she has not supported the prosecution case, rather stated that she has married with the petitioner on her own sweet will. Further she was tortured by her family members. It has further been submitted that her age was assessed as 17-18 years by the Medical Board.

Patna High Court CR. MISC. No.66216 of 2019(2) dt.22-10-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Judicial Magistrate-IV, East Champaran at Motihari in connection with Madhuban P.S. Case No. 92 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T