Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16115 of 2018 Arising Out of PS. Case No.-709 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== Pankaj Kumar S/o Mathura Prasad, R/o Village- Bagdaha, P.S.- Bodh- Gaya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramashish For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-06-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bodh Gaya P.S. Case No. 709 of 2017 dated 21.12.2017 instituted for the offences under Sections 366A/34 of the Indian Penal Code. The petitioner is said to have enticed away the daughter of the informant.

The aforesaid case was registered after six days of the occurrence.

It has been submitted on behalf of the petitioner that the daughter of the informant was only eight days short of majority on the date when she came in the company of the petitioner. She has also sworn an affidavit that she has married the petitioner of her own volition and has been staying with him as his legally wedded wife.

Patna High Court Cr.Misc. No.16115 of 2018(6) dt.20-06-2018 2/2 A photocopy of the certified copy of the 164 statement given by the daughter of the informant has been furnished by the learned counsel appearing for the petitioner. The same has been taken on record. In her 164 statement, the daughter of the informant has accepted the fact that she, out of her affection and love for the petitioner, decided to marry him which was against the wishes of her parents and presently she is residing with the petitioner as his legally wedded wife.

Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail, 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, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No. 709 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T