Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74863 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== Dheeraj Kumar, Son of Manoj Ram, Resident of Village- Phulwaria, Police Station- Phulwaria, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Phulwaria P.S. Case No. 38 of 2019, registered under Section 366(A) of the Indian Penal Code.

The accusation is of kidnapping of Nibha Kumari, daughter of informant, Shrawan Ram, aged about 15 years, by eight persons named in the FIR including the petitioner. Learned counsel for the petitioner submits that, in fact, daughter of the informant moved from her parental house with the petitioner according to her own sweet will and stayed at Hawarah for some days but after knowing about lodging the present case, both returned to the house but on giving pressure

Patna High Court CR. MISC. No.74863 of 2019(3) dt.19-03-2020 2/2 by her family members, victim, daughter of the informant gave her statement about taking her forcibly by the petitioner and one unknown at railway station, from where, victim moved for Hawarah with the petitioner and after knowing about lodging the present case, both returned to their house. Further submission is that in the medical examination, the age of the victim has been assessed in between 15 to 16 years. It is further submitted that petitioner is in custody since 09.09.2019. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Begusarai, in connection with Phulwaria P.S. Case No. 38 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T