Madan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.16435 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16435 of 2018 Arising Out of PS.Case No. -37 Year- 2011 Thana -RUPAULI District- PURNIA ====================================================== Madan Kumar, Son of Late Bindeshwari Singh, Resident of Village- Gwal Para, P.S.- Rupauli, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyam Sunder Pandey For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Rupauli P.S. Case No. 37 of 2011 for the office registered under Sections 366A and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that actually the Girl, namely, Kavita Devi, daughter of the informant, had willingly and for reasons stated by her had come to the petitioner and they had gone to Himachal Pradesh where they got married. After the marriage, they have been living happily together and there is no reason why the father of the girl wants to prosecute her husband (the present petitioner). It is further submitted that the victim girl in her statement under Section 164 Cr.P.C. on 01.08.2017 has stated that she had gone with him out of her own sweet-will and does not want to go back to her parent's house.

Patna High Court Cr.Misc. No.16435 of 2018 (2) dt.06-04-2018 In view of the statement made under Section 164 Cr.P.C. by the victim girl, let 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, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, 1st, Purnea in connection with Rupauli P.S. Case No. 37 of 2011, subject to the condition as laid under Section 438(2) Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T