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Vikki Kumar v. The State Of Bihar

Patna HC5 Dec 2018CR. MISC./70040/2018

Case brief

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What is this about?

In a criminal miscellaneous petition filed under Section 438 Cr.P.C., the High Court of Patna granted anticipatory bail to the petitioner apprehending arrest for offences under Sections 366 and 366(A) IPC, considered the victim's age discrepancy and alleged consent.

What did the court decide?

Petitioner released on anticipatory bail in case Runnisaidpur P.S. Case No. 344 of 2018 within 12 weeks by furnishing bond of Rs.10,000 with two sureties.

Vikki Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.70040 of 2018

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Arising Out of PS. Case No.-344 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi

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======================================================

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Vikki Kumar, Son of Kishori Sah, Resident of Village- Runnisaidpur, Police Station- Runnisaidpur, District- Sitamarhi.

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... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Madhuri Lata ======================================================

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2 05-12-2018

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366 and 366(A)/34 of the Indian Penal Code.

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The prosecution case is that the daughter of the informant was kidnapped by the petitioner on 11.06.2018 for the purpose of marriage on the pretext of accident of the father of the victim, i.e, the informant.

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It is submitted by learned counsel for the petitioner that in the statement recorded under Section 164 Cr.P.C., the victim girl has got her age recorded as 19 years but the Court has assessed her age as 16 years. It is further submitted that in the statement recorded under Section 164 Cr.P.C., the girl herself has accepted her marriage with the petitioner. A statement has been made in

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Patna High Court Cr.Misc. No.70040 of 2018(2) dt.05-12-2018 2/2

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paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

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It is submitted by learned APP for the State that the petitioner is named in the FIR.

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Considering the fact that the victim girl denied the factum of kidnapping, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Runnisaidpur P.S. Case No. 344 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J)

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Deepak/Rahul/-

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U T

Vikki Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Vikki Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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