Ramesh Kumar Vs. the State of Bihar - Court Judgment

Excerpt:
1 in the high court of judicature at patna criminal miscellaneous no.31266 of 2011 ramesh kumar s/o late sitaram rai, r/o village- batara, p.s. nanpur, district-sitamarhi. --petitioner versus the state of bihar --opp.party for the petitioner : mr. mritunjay kumar for the state : mr. damodar pd. tiwary,ap”13. 01.2012 heard learned counsel for the petitioner and learned additional public prosecutor for the state. petitioner is one of the named accused in this case with allegation of kidnapping minor dauther of the informant for the purpose of marriage etc. submission is that out of sweet relationship the victim herself went with the petitioner with her free will and consent and has already married with the petitioner and the couple has one male child out of this wed lock. the victim, in her statement under section 164 of the code of criminal procedure, also has stated all such facts. further, taking into consideration of such events, parties have entered into compromise and petition to this effect is likely to be filed very soon. 2 considering the facts and circumstances, in the event of filing petition of compromise and the informant appearing before the court below supporting the factum of settlement of dispute with his free will and consent without any coercion and also stood as one of the bailers, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of chief judicial magistrate, sitamarhi, in bathanaha p.s. case no. 20 of 2010, subject to the conditions laid down in section 438(2) of the code of criminal procedure with additional condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. in the event of failure to attend the court on two consecutive dates without any reasonable explanation, the privilege granted shall be deemed to be cancelled. ( akhilesh chandra, j.) aahmad

Judgment:
1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31266 of 2011 Ramesh Kumar S/o Late Sitaram Rai, R/o Village- Batara, P.S. Nanpur, District-Sitamarhi. --Petitioner Versus The State Of Bihar --Opp.Party For the Petitioner : Mr. Mritunjay Kumar For the State : Mr. Damodar Pd. Tiwary,AP”

13. 01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case with allegation of kidnapping minor dauther of the informant for the purpose of marriage etc. Submission is that out of sweet relationship the victim herself went with the petitioner with her free will and consent and has already married with the petitioner and the couple has one male child out of this wed lock. The victim, in her statement under Section 164 of the Code of Criminal Procedure, also has stated all such facts. Further, taking into consideration of such events, parties have entered into compromise and petition to this effect is likely to be filed very soon. 2 Considering the facts and circumstances, in the event of filing petition of compromise and the informant appearing before the court below supporting the factum of settlement of dispute with his free will and consent without any coercion and also stood as one of the bailers, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in Bathanaha P.S. Case no. 20 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. In the event of failure to attend the court on two consecutive dates without any reasonable explanation, the privilege granted shall be deemed to be cancelled. ( Akhilesh Chandra, J.) AAhmad