Patna High CourtCR. MISC./76865/2019bail granted

Amit Kumar Choudhary v. The State Of Bihar

2020-01-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76865 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== AMIT KUMAR CHOUDHARY Son of Ashok Kumar Choudhary Resident of near Sabji Mandi Sultanganj, P.S.- Sultanganj, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 This application, for grant of anticipatory bail, arises out of Sultanganj P.S. Case No. 89 of 2019, disclosing offences under Sections 366(a), 34 of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of kidnapping the minor daughter of informant.

Submission of learned counsel for the petitioner drawing my attention to annexure 2, which is the statement of the girl recorded under Section 164 Cr.P.C., it has been submitted by learned counsel for the petitioner that in her statement under Section 164 Cr.P.C., the girl has stated that she has performed marriage with the petitioner out of her own sweet will and wants to reside in her sasural.

Learned counsel for the State opposed the prayer for anticipatory bail on the ground that the girl is minor.

Patna High Court CR. MISC. No.76865 of 2019(2) dt.20-01-2020 2/2 Having heard both sides, considering the facts and circumstances and also the fact that even though the girl is minor but for the sake of marital life of the girl and petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -I, Bhagalpur, in connection with Sultanganj P.S. Case No. 89 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T