Rambali Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57318 of 2017 Arising Out of PS.Case No. -191 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Rambali Kumar Chaudhary, son of Shankar Chaudhary, resident of VillageDhusmuri Bisunpur, P.S.- Muffasil, District- Khagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Adv. For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-01-2018 Heard both sides.
The petitioner apprehends his arrest in Khagaria (Muffasil) P.S. Case No. 191/2017, registered for the offences punishable under Sections 366(A), 34 of the Indian Penal Code and under Section 8 of the P.O.C.S.O. Act.
The father of the victim alleged that the petitioner and Munna Choudhary kidnapped his daughter on 20.03.2017. Learned counsel for the petitioner submits that the informant is not an eye-witness of the occurrence. The occurrence took place on 20.03.2017, but the father of the victim lodged the case after two days of the occurrence. It is further submitted that the victim appeared and made her statement under Section 164 of the Cr.P.C. in which she disclosed that she voluntarily went along
Patna High Court Cr.Misc. No.57318 of 2017 (2) dt.02-01-2018 2/2 with the petitioner and solemnized marriage with him. Her father wanted to marry her with another man and that is why she left her house and went along with the petitioner.
Considering the facts aforesaid and the fact that the victim denied to have been kidnapped by the petitioner, 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge Ist-cumSpecial Judge P.O.C.S.O. Act, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 191/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) Vinita/- U T