Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15062 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Manish Kumar, Son of Anant Sah.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366-A of the Indian Penal Code.
The victim was recovered on the day of her so-called kidnapping and her statement was recorded under Section 164 of the Cr.P.C. in which she specifically stated that she had gone to the rented room of the petitioner by her own sweet will. Although, she stated that petitioner established physical relation with her but she admitted that petitioner had not applied any force on her and, therefore, the aforesaid statement of victim goes to show that she was a consenting party. No doubt, victim was minor at the time of
Patna High Court Cr.Misc. No.15062 of 2016 (2) dt.12-04-2016 2/2 alleged occurrence but neither petitioner appears to have pressurized her to go outside the custody of her guardian nor to establish physical relation.
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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 85 of 2016.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T