Chhotu Kumar @ Chhotu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10441 of 2015 Arising Out of PS.Case No. -112 Year- 2014 Thana -DAWATH DistrictSASARAM (ROHTAS) ====================================================== Chhotu Kumar @ Chhotu Sah S/o Uma Shankar Sah @ Uma Sah Resident of Village Kawai, P.S. Dawath, District Rohtas at Sasaram. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Singh, Adv. For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.

The petitioner seeks bail in Dawath P.S. Case No. 112/2014, registered for the offences punishable under Section 366A of the Indian Penal Code.

The petitioner is alleged to have kidnapped the victim Nikki Kumari. Nikki Kumari appeared and made her statement under Section 164 of the Cr.P.C. and she disclosed that the petitioner put napkin on her mouth, she became unconscious. She got her consciousness in Goa. When the petitioner knew about the case, the victim was dropped to her house. The petitioner is in jail for about five and half months. The doctor has assessed the age of the victim between 17 to 18 years.

It is submitted that the victim herself out of free will

Patna High Court Cr.Misc. No.10441 of 2015 (3) dt.14-05-2015 2/2 went along with the petitioner. She did not make hue and cry during her travel with the petitioner.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bikramganj in connection with Dawath P.S. Case no. 112/2014. (Prabhat Kumar Jha, J.) Rakhi/- U T