Dilip Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59157 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- BANKA District- Banka ====================================================== Dilip Kumar Yadav S/o Ambika Yadav, R/o Vill.- Kushha, P.S.- Fullidunar , District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Sri Indra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Banka PS Case No.77 of 2018 instituted for offences under Sections 366(A), 506, 504, 34 of the Indian Penal Code and Section 8 of POCSO Act.

Allegation has been made by the grand father, who is the informant of the case, that his grand daughter was kidnapped by the petitioner for the purposes of marriage. From the impugned order it appears that both have entered into marriage. As per the grand father, the age of the girl is 13 years while the victim girl in her statement under Section 164 CrPC has disclosed herself that she is 15 years of old. According to the Medical Board, the age of the girl has been assessed as 18 years.

Patna High Court Cr.Misc. No.59157 of 2018(2) dt.08-10-2018 2/2 Learned counsel for the petitioner submits that the girl was handed over to her parents. At present she is now living with the petitioner and the petitioner has now been blessed with a child out of the wedlock with the girl.

Keeping in view the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let the petitioner, namely, Dilip Kumar Yadav be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand0 with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Banka in connection with Banka PS Case No. 77 of 2018, subject to the conditions as laid down under Section 438(2), Code of Criminal Procedure.

(Shivaji Pandey, J) mrl./- U T