Tinku Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.22809 of 2015 (4) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22809 of 2015 Arising Out of PS.Case No. -102 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Tinku Kumar S/o Shri Suresh Rai R/o village- Mirpur Patna, P.S. Saray, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 27.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Para 26 of the case diary reveals that the victim herself appeared before police official and thereafter, para 27 of the case diary reveals that SDPO, Vaishali at Hajipur, without getting medically examined the victim or without getting recorded her statement under section 161 of the Cr.P.C or under section 164 of the Cr.P.C, handed over victim to her father.

Learned counsel for the petitioner submits that, as a matter of fact, victim was major and she voluntarily solemnized her marriage with co-accused Ratnesh Kumar and the petitioner being friend of Ratnesh Kumar has been roped in this case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.22809 of 2015 (4) dt.27-10-2015 amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P.S. Case no. 102/2015. shahid (Hemant Kumar Srivastava,J) U T