Patna High CourtCR. MISC./2033/2015bail granted

Raju Mandal @ Raju Kumar Mandal v. The State Of Bihar

2015-01-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2033 of 2015 Arising Out of PS.Case No. -176 Year- 2014 Thana -AJAMNAGAR District- KATIHAR ====================================================== Raju Mandal @ Raju Kumar Mandal S/o Nobu Mandal R/o Azamnagar, Post and P.S. - Azamnagar, Distt. - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 18.11.2014 in a case registered for the offences punishable under Sections 363, 366A, 376 of the Indian Penal Code and 4 of Protection of Children From Sexual Offences Act. The accusation is of kidnapping the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement the victim got her age recorded as 18 years when the court has assessed as 17 years and as per the medical opinion the age of the victim has been found between 17-18 years. In 164 Cr.P.C. statement the victim has

Patna High Court Cr.Misc. No.2033 of 2015 (02) dt.19-01-2015 2/2 stated that she of her own married with the petitioner. The medical report does not suggest any evidence of commission of rape.

A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1 - cum- Special Judge, Katihar in connection with Azamnagar P.S. Case No. 176 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T