Patna High CourtCR. MISC./10419/2018bail granted

Dhananjay Kumar v. The State Of Bihar

2018-02-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10419 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Dhananjay Kumar Son of Sharbhu Kahar @ Sharbhu Ram Resident of Village- Rupaich, Police Station- Mehandia, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 366/34 of the Indian Penal Code.

Submission of the learned counsel for the petitioner is that though the case was lodged by the father of the victim girl under Section 366/34 of the Indian Penal Code against the petitioner, the victim expressed her desire to be in her matrimonial house and accordingly, the learned Court-below has released her to go wherever she desires. Thereafter, she is living in her matrimonial house as per statement under Sectiion 164 Cr.P.C. Learned counsel for the informant opposed the

Patna High Court Cr.Misc. No.10419 of 2018 (2) dt.22-02-2018 P2/ prayer on the ground that the victim was a minor and her statement is immaterial.

Since the victim has not alleged her kidnapping by any one. Hence, her statement is relevant to prove or disprove any charge of kidnapping against the petitioner.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mehandia P.S. Case No. 105 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T