ABHISHEK KUMAR v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860
- Code of Criminal Procedure, 1973 ss. 164, 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY Mr. Surendra Kumar Mishra Mr. Suresh Prasad Singh ORAL ORDER 2 30-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State. The petitioner apprehends his arrest in connection with Govindpur P.S. Case No. 226 of 2020, registered for the offences punishable under Sections 363, 366 A of the Indian Penal Code. As per allegation, the present petitioner kidnapped the minor daughter of the informant. Learned counsel for the petitioner has submitted that the statement of victim was recorded under Section 164 of the Cr.P.C. In her statement the victim has stated that she has solemnized her marriage with the present petitioner with her own sweet will. In the Letter No. 8, dated 15th January, 2021 sent by the Patna High Court CR. MISC. No.32260 of 2021(2) dt.30-03-2022 Child Welfare Committee to the learned Magistrate, the age of the alleged victim was found 19 years. The learned Magistrate while jotting down the statement under Section 164 of the Cr.P.C. mentioned her age as 18 years. Considering these facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nawada in connection with Govindpur P.S. Case No. 226 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T
Precedent status how later indexed judgments have treated this case
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