Vikash Kumar vs State Of Bihar

Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant, who has suo motu appeared.

The petitioner seeks bail in connection with Harnaut PS Case No. 162 of 2019 dated 27.04.2019 instituted under Section 366(A) of the Indian Penal Code.

The allegation against the petitioner is of abducting the minor daughter of the informant.

Learned counsel for the petitioner submitted that the age of the girl is 16-17 years, as has been assessed by the medical team and basically it is a situation of love affairs between the parties. It was submitted that the mother and brother of the girl went to Delhi along with the police and she was brought back home and the petitioner was also arrested. It was submitted that in her statement before the Court under Section 164 of the Code of Criminal Procedure, 1973, she has clearly stated that she had gone with the petitioner on her own free will and was also sight-seeing in Delhi and that the petitioner had not established any physical relationship with her. Learned counsel submitted that the boy is also aged about 20 years and, thus, clearly it is not a case of any forced abduction. It was submitted that the petitioner is in custody since 22.06.2019.

Learned APP and learned counsel for the informant, from the case diary, submitted that the girl was a minor and the petitioner had abducted her.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in Harnaut P.S. Case No. 162 of 2019.

The application stands disposed off.