Sandeep Kumar @ Chandan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74542 of 2018 Arising Out of PS. Case No.-313 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Sandeep Kumar @ Chandan Kumar Sah son of Tuntun Sah, Resident of Village- Shivrahi, Mathia, P.S.- Jagdishpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2018 Heard both sides.

The petitioner apprehends his arrest in Nautan(Jagdishpur) P.S. Case No.313 of 2018 for the offences punishable under Sections 363, 366(A), 380, 384, 504, 506 and 34 of the Indian Penal Code and under Section 8 of the POCSO Act.

The informant named the petitioner along with 17 other persons and alleged that they all with the help of 3-4 unknown persons kidnapped his minor daughter and fled away on a four-wheeler vehicle.

The learned counsel for the petitioner submits that the victim made her statement under Section 164 Cr.P.C. and she disclosed her age about 19 years. The victim stated that she voluntarily left her house and went along with the petitioner and

Patna High Court Cr.Misc. No.74542 of 2018(2) dt.19-12-2018 2/2 solemnized marriage. She is happily living with her husband. Considering the fact that the victim herself denied the factum of her kidnapping and she disclosed that she voluntarily married with the petitioner and living happily with her husband, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge I-cum-Special Judge, West Champaran, Bettiah in connection with Nautan(Jagdishpur) P.S. Case No.313 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T