Akhilesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74898 of 2018 Arising Out of PS. Case No.-271 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Akhilesh Mahto, Son of Anurudh Mahato, Resident of Village-Jaitiya Sahu Tola, Police Station-Chanpatia, District-West Champaran at Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2019 Heard both sides.

Petitioner apprehends his arrest in Chanpatia P.S. Case No.271 of 2018 registered under Section 366-A of the Indian Penal Code.

The father of the victim alleged that the petitioner and others kidnapped his daughter aged about 15 years for the purpose of marriage.

Learned counsel for the petitioner submits that the victim made her statement before the Judicial Magistrate under Section 164 Cr.P.C. and she disclosed her age to be 19 years. She disclosed in her statement that she voluntarily went with Akhilesh Mahto about a month ago and solemnized marriage with him out of her free will.

On the other hand, Mr. Bimlesh Kumar Pandey, the

Patna High Court Cr.Misc. No.74898 of 2018(3) dt.10-01-2019 2/2 learned counsel for the informant vehemently opposed the prayer for bail and submitted that the victim is minor. According to her birth certificate, she is about 14 years old but it appears that the victim herself made statement that she voluntarily left along with Akhilesh Mahto and solemnized marriage. The victim did not allege about forceful kidnapping. The victim did not allege of her sexual harassment at the hands of the petitioner.

Considering the facts aforesaid, let 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 of this order 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 the learned ACJM-Vth, West Champaran at Bettiah in connection with Chanpatia P.S. Case No.271 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T