Patna High CourtCR. MISC./11778/2016bail granted

Mithun Sahni v. The State Of Bihar

2016-03-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11778 of 2016 Arising Out of PS.Case No. -490 Year- 2015 Thana -AGAMKUAN District- PATNA ====================================================== Mithun Sahni S/o Jago Sahni Resident of Kachiva, P.S. - Agamkuan, District - Patna.

.... .... Petitioner/s.

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dharmesh Kumar For the Opposite Party/s : Mr. Suman Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-420 & 376 of the Indian Penal Code.

The statement of victim was recorded u/S 164 of the Cr.P.C. in which, she stated that she was in love with petitioner and the petitioner established physical relation with her on promise of marriage but subsequently, the petitioner refused to solemnize his marriage with the victim. The victim disclosed her age as 20 years and the learned Magistrate, who recorded the statement, also assessed age of the victim as 20 years though the Medical Board found the victim between 17-19 years of age. Contention on behalf of the petitioner is that the

Patna High Court Cr.Misc. No.11778 of 2016 (2) dt.16-03-2016 2/2 petitioner and the victim are of same caste and as a matter of fact, the informant pressurized the petitioner for marriage with the victim and when the petitioner and his family members refused, the informant brought this case.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Agamkuan P.S. Case No. 490 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City.

(Hemant Kumar Srivastava, J) A.K.V./- U T