Dinesh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83656 of 2019 Arising Out of PS. Case No.-240 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Dinesh Baitha Son of Gopi Baitha @ Gopi Chandra Baitha Resident of Village - Parmanandpur, P.S.- Dumra, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in a case registered for the offence under sections 363, 366A and 34 of the Indian Penal Code.

As per the allegation in the FIR, it is stated that the daughter of the informant was forcibly taken away by the petitioner and his family members.

It is submitted by learned counsel for the petitioner that the daughter of the informant returned and her statement was recorded under section 164 Cr.P.C wherein she has categorically stated that she is 20 years old, she went out of her own free will and married the petitioner.

Patna High Court CR. MISC. No.83656 of 2019(2) dt.17-12-2019 2/2 The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case specially the content of the statement of the daughter of the informant recorded under section 164 Cr.P.C, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Dumra P.S. Case no. 240 of 2018 is directed to be enlarged 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 learned Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U