Vikash Kumar Tiwari @ Vikash Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4457 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -SHEOHAR District- SHEOHAR ======================================================
1. Vikash Kumar Tiwari @ Vikash Tiwari Son of Kanhaiya Tiwari Resident of Village - Brahm Sthan Chowk, P.S- Sheohar, DisttSheohar. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar @ Manu For the Opposite Party : Mr. Subhash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2015 Petitioner is languishing in custody since 03.09.2014 in a case registered for the offences punishable under Sections 366, 366A, 376 of the I.P.C.
It is alleged that minor daughter of the informant went to attain the coaching from there she went missing.
It is submitted by learned counsel for the petitioner that the victim in her 164 Cr.P.C statement though got her recorded as 16 years and learned Court below assessed her age as 16 years but as per medical assessment the victim was found to be aged between 17-19 years. In her statement the victim has stated that she of her own went to the temple in the company of the petitioner and thereafter they went to Muzaffarpur and then to Varanasi where the victim married with the petitioner in temple on 16.07.2014. The victim
Patna High Court Cr.Misc. No.4457 of 2015 (2) dt.06-02-2015 2/2 thereafter went with the petitioner to Delhi but she was recovered by the police along with the petitioner on 02.09.2014. Considering the assessment of the age of the victim by the doctor, statement of the victim under 164 Cr.P.C and statement made in para 3 of the petition that petitioner has no criminal antecedent, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 138 of 2014. (Dinesh Kumar Singh, J) Shageer/- U T