Patna High CourtCR. MISC./25244/2015bail granted

Vikash Kumar @ Deepak Kumar @ Abhishek Kumar v. The State Of Bihar

2015-08-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25244 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. Vikash Kumar @ Deepak Kumar @ Abhishek Kumar Son of Sudhir Kumar Singh resident of village - Nama Purvi, Police Station - Bodh - Gaya, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. T.P.Mandal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-08-2015 Heard learned counsel for petitioner and learned Additional Public Prosecutor for the State. The statement of the victim was recorded u/S 164 of the Code of Criminal Procedure, in which, she has stated about involvement of the petitioner in the alleged crime but submission on behalf of the petitioner is that the statement of the victim, recorded u/S 164 of the Code of Criminal Procedure is a tutored statement and she herself made contradictory statements. It is further contended by him that the informant has admitted in his written report that the victim was aged about 19 years at the time of alleged occurrence though the victim disclosed her age as 16 years

Patna High Court Cr.Misc. No.25244 of 2015 (3) dt.26-08-2015 2/2 whereas; the learned Magistrate assessed the age of the victim as 17 years.

Moreover, taking into consideration the facts and circumstances of the case as well as period of detention of the petitioner in jail custody, 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 Magadh Medical P.S. Case No. 02 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Gaya.

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