Sani Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41612 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -BARH District- PATNA ====================================================== Sani Kumar Singh, son of Uma Shanker Singh, Resident of VillageMinapur, P.S. Vidyapati Nagar, District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2017 Heard both sides.

The petitioner apprehends his arrest in connection with Barh P.S. Case No. 161 of 2016, registered for the offence punishable under Section 365 of the Indian Penal Code. Later on Sections 366 and 366(A) of the Indian Penal Code were also added.

The father of the victim alleged that the petitioner, who happens to be the cousin of his son-inlaw, namely, Sunil Kumar Singh, came for Vidayee of his daughter, wife of Sunil Kumar Singh, but his daughter did not reach her matrimonial house. When the informant inquired from the father of the bridegroom, he disclosed that his daughter did not reach to his house. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.41612 of 2017 (3) dt.19-12-2017 2/3 during the course of investigation, the victim made her statement recorded under Section 164 of the Code of Criminal Procedure, wherein, the victim denied the factum of her kidnapping and disclosed that she voluntarily left along with Ravi Udai Shankar Singh. She solemnized marriage and is living with her husband. It has further been submitted that the victim did not even name the petitioner.

Learned Additional Public Prosecutor, appearing on behalf of the State, did not dispute this fact. Having considered the fact that although the father of the victim disclosed that the petitioner took her from the house of her father to bring her to the matrimonial house, but the victim disclosed a different story that she voluntarily went along with Ravi Udai Shankar Singh and solemnized marriage with him out of her free will, 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/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna, in connection

Patna High Court Cr.Misc. No.41612 of 2017 (3) dt.19-12-2017 3/3 with Barh P.S. Case No. 161 of 2016, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) Praveen-II/- U T