Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87064 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Vishal Kumar Son of Fagu Thakur Resident of Village-Rajokhar Nawada, P.S. and District-Gopalganj.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Pandey, Adv.
For the Opposite Party/s :
Mr Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Gopalganj P.S. Case No. 135 of 2019 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.
The accusation against the petitioner is that he took the informant's daughter for the purpose of marriage. However, the impugned order goes to show that victim was recovered and her statement under Section 164 of the Cr.P.C. was recorded. Furthermore, the impugned order goes to show that the victim accepted the factum of marriage.
Learned counsel appearing for the petitioner submits
Patna High Court CR. MISC. No.87064 of 2019(2) dt.20-02-2020 2/2 that petitioner and victim both are major and as a matter of fact, they have solemnized their marriage by their own sweet will but the learned court below rejected the bail prayer of the petitioner only on the ground that birth certificate of victim shows her minor.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Gopalganj P.S. Case No. 135 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) shahzad/- U T