Niranjan Kumar @ Mithu @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2636 of 2018 Arising Out of PS.Case No. -183 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Niranjan Kumar @ Mithu @ Kundan Kumar, S/o Kameshwar Roy, R/o Village- Kurmichak, P.S.- Narayanpur, District- Ara (Bhojpur). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar, Advocate. For the Opposite Party/s : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Daud Nagar P.S. Case No. 183 of 2017 instituted for the offence under Sections 366A, 323,504, 506 and 120B of the Indian Penal Code. The informant who is father of the victim girl has alleged that he received call of his daughter on Mobile phone that this petitioner has forcibly kidnapped her and kept in his house at village Kurmichak. The informant went to the house of this petitioner where he was abused and assaulted by the petitioner and his other family members.
The victim girl has given her statement under Section 164 Cr. P.C. wherein she has stated that she has voluntarily gone with this petitioner to Delhi where she performed marriage with this petitioner. The court below has assessed the age of victim girl as 17 years.
Patna High Court Cr.Misc. No.2636 of 2018 (3) dt.15-02-2018 2/2 The girl has been medically examined wherein the Doctor has opined her age between 17 to 19 years.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Daudnagar P.S. Case No. 183 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daud Nagar, subject to the conditions as laid down under Section 438
(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T