Ayush Kumar @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14586 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ayush Kumar @ Sanjay Kumar Son of Manendra Das Resident of VillageUttim pandey Tola, P.s- Majhwaliya, District-West Champaran(Bettiah) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Singh For the Opposite Party/s : Mr. Arun Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-05-2015 Heard learned counsels for the petitioner, State and the informant.
The petitioner is languishing in custody since 25.01.2015 in a case registered for the offences punishable under Sections 366A, 376, 504, 506/34 of the Indian Penal Code and 8 of Protection of Children from Sexual Offence Act. The accusation against the petitioner of is kidnapping the informant and establishing forceful physical relationship.
It is submitted by learned counsel fort the petitioner that the petitioner has married with the petitioner. The marriage certificate of the Marriage Officer, Motihari has been
Patna High Court Cr.Misc. No.14586 of 2015 (02) dt.01-05-2015 2/2 brought on record as Annexure-2. The said marriage was performed on 17.09.2014. The informant filed application before the S.P., East Champaran, Motihari alleging accusation against her maternal uncle for disturbing the marriage life of the informant and the petitioner. The same has been brought on record as Annexure-3. The 164 Cr.P.C. statement of the informant has been brought on record as Annexure-4 wherein no accusation has been levelled by the informant either of kidnapping or committing rape and during medical examination the age of the victim has been found 19-20 years, which has been brought on record as Annexure-5.
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 Ist Additional Sessions Judge - cum- Special Judge, West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 31 of 2015.
(Dinesh Kumar Singh, J) DKS/- U T