Patna High Court
Chandan Kumar vs The State Of Bihar on 13 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37096 of 2021
Arising Out of PS. Case No.-326 Year-2020 Thana- LALGANJ District- Vaishali
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Chandan Kumar, aged about 24 years (Male), son of Shree Rajesh Paswan,
resident of village- Madhusudan Pakri, P.S.- Lalganj, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 13-07-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis
of motion slip filed by learned counsel for the petitioner on
08.07.2021, which was allowed.
3. Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner and Mr. Chandra Sen Prasad Singh, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
4. The petitioner apprehends arrest in connection with
Lalganj PS Case No. 326 of 2020 dated 24.10.2020, instituted
under Sections 363, 366-A of the Indian Penal Code.
5. The petitioner, along with his family members, is
accused of kidnapping the minor daughter of the informant
Patna High Court CR. MISC. No.37096 of 2021 dt.13-07-2021
alleging that the petitioner was a teacher in the coaching class
she attended and he had abducted her for the purpose of
marriage.
6. Learned counsel for the petitioner submitted that
the allegation is totally false and concocted. It was submitted
that the petitioner has no role in any abduction and the same did
not occur and, in fact, the girl herself had run away from her
house and had called the petitioner and they had married in a
temple out of their own free will. It was submitted that the girl
has made statement before the Court under Section 164 of the
Code of Criminal Procedure, 1973, (hereinafter referred to as
the 'Code') in which the Court has assessed her age as 18 years
and she herself has stated her age to be 19 years i.e., being
major and has further stated that on 22.10.2020, she had gone
from Lalganj to Muzaffapur after taking the petitioner and on
26.10.2020, had married in Hariharnath temple and that she was
not kidnapped and had married on her own free will. It was
submitted that the girl was, thus, major and most importantly,
she is now living in the house of the petitioner. It was contended
that the petitioner and her family members have accepted her in
the house and shall keep her with full dignity, honour and
security and she will be given her due place as the wife of the
Patna High Court CR. MISC. No.37096 of 2021 dt.13-07-2021
petitioner.
7. Learned APP submitted that the allegation is of
abduction of the minor daughter of the informant, the petitioner
being the main accused. However, in view of the statement of
the girl under Section 164 of the Code, copy of which has been
brought on record as Annexure-2, it was not controverted that
the so-called victim girl has stated that she was major and had
married the petitioner after herself leaving the house and there
was no abduction.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Chief Judicial Magistrate-IX, Vaishali at
Hajipur, in Lalganj PS Case No. 326 of 2020, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 and further (i) that one of the bailors shall be a
close relative of the petitioner, (ii) that the petitioner shall
cooperate with the Court and the police/prosecution and (iii)
that the petitioner shall give undertaking to the Court that he
Patna High Court CR. MISC. No.37096 of 2021 dt.13-07-2021
shall keep the informant with him with full honour, dignity and
security and shall provide for all her needs. Any violation of the
terms and conditions of the undertaking or failure to cooperate
shall lead to cancellation of his bail bonds.
9. It shall also be open for the informant/her
guardians/prosecution to bring any violation of the foregoing
conditions of bail by the petitioner, to the notice of the Court
concerned, which shall take immediate action on the same after
giving opportunity of hearing to the petitioner.
10. The petition stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
