IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42517 of 2010
SURAJ KUMAR, SON OF SHANKAR PRASAD, RESIDENT OF NAND
NAGAR, COLONY, NAHARPAR, P.S. BAHADURPUR, DISTT.- PATNA.
Versus
THE STATE OF BIHAR
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2. 14.01.2011 Heard Mr. Ashok Kumar, learned counsel for the
petitioner and Mr. Ajay Kumar Jha, learned Addl. P.P. for
the State.
The petitioner, who is in custody in Bahadurpur
P.S. Case no. 61 of 2010 for the offence under Sections
363, 366A of the Indian Penal Code, has prayed for grant
of bail.
It was alleged by the informant that his daughter
was abducted by the petitioner for purposes of marriage.
On that accusation First Information Report was lodged on
27.6.2010. Subsequently the victim girl herself appeared
before the police and thereafter her statement under
Section 164 of the Code of Criminal Procedure was got
recorded before the learned Magistrate wherein she
disclosed that voluntarily she had gone along with the
petitioner and she had also solemnized marriage. She
along with the petitioner after marriage had gone to Delhi
and after coming to know regarding the institution of the
case she returned back and appeared before the police.
Before the Magistrate she has disclosed his age as eighteen
and half years. However, in the First Information Report
2
the informant has alleged that she is only 15 years old.
Be that as it may, keeping in view the statement
under Section 164 of the Cr.P.C. of the victim wherein she
had categorically stated that she had gone along with the
petitioner on her own volition, there is no reason to further
detain the petitioner. Let the above named petitioner be
enlarged on bail on furnishing bail bond of Rs.10,000/-
(ten thousand) with two sureties of like amount each to the
satisfaction of S.D.J.M. Patna City in connection with
Bahadurpur P.S. Case no. 61 of 2010.
( Rakesh Kumar, J.)
Amit
