Criminal Appeal (SJ) No.114 OF 1994 (In the matter of an application under Section 374(2) of the Code of Criminal Procedure) SUSHIL PASWAN, SON OF SRI SAHDEO PASWAN, RESIDENT OF VILLAGE – CHHAPA, P.S. JAMUI, DISTT. JAMUI -----APPELLANT Versus THE STATE OF BIHAR -----------RESPONDENT --------- For the Appellant : Mr. Bharat Lal, Advocate. Mr. R.N. Singh, Advocate. For the State : Miss Indu Bala Pandey, A.P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard both sides. The Appellant has been convicted under Section 366 of the Indian Penal Code and sentenced to eight years rigorous imprisonment and fine of Rs. 2,000/- and in default of payment of fine, a further sentenced of six months R.I. by IInd Additional Sessions Judge, Jamui, in Sessions Trial No. 321 of 1992 by a Judgement dated 19.4.1994. The prosecution case is that on 31.12.1991 the niece of the Informant was kidnapped by the accused persons. When the matter came for trial she was examined as DW-2 and stated that she was a major on the date of occurrence and in fact married Appellant according to her own will and was living with him. In view of such, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in 2 Sessions Trial No. 321 of 1992 by the 2nd Additional Sessions Judge, Jamui, is hereby set aside. The Appellant is discharged of the liability of his bail bond. Patna High Court, Patna Dated the 28th March, 2011 NAFR/S.ALI ( Anjana Prakash, J.)