Patna High CourtCR. MISC./5321/2018bail granted

Ramswarup Sahani v. The State Of Bihar

2018-02-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5321 of 2018 Arising Out of PS.Case No. -455 Year- 2017 Thana - MUFASIL (Lakhaura) District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Ramswarup Sahani Son of Baidnath Sahani, Resident of Village-Bichala tola, P.S.-Lakhaura, Dist.-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-02-2018 Heard both sides.

The petitioner apprehends his arrest in Muffasil (Lakhaura) P.S. case No. 455 of 2017 for the offences punishable under Section 363, 366A, 364 of the Indian Penal Code. The mother of the victim alleged that her daughter went to attend the call of nature on 22.08.2017 but she did not return. The petitioner and others kidnapped her daughter. The learned counsel for the petitioner submits that during the course of investigation the victim returned and she made her statement under Section 164 of the Cr. P. C. The victim disclosed that she voluntarily left her house and solemnized court marriage with the petitioner. The court assessed the age of victim

Patna High Court Cr.Misc. No.5321 of 2018 (2) dt.07-02-2018 2/2 to be 20 years. The victim is a major girl.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned 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 learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Muffasil (Lakhaura) P.S. case No. 455 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T