Kuwar Ji @ Kuwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24445 of 2014 Arising Out of PS.Case No. -264 Year- 2013 Thana -BIRPUR District- SUPAUL ====================================================== Kuwar Ji @ Kuwar Singh S/O- Vishwanath Pd Singh, R.O. AND P.S.- Murliganj, District- Madhepura .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 08-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 05.10.2013 in a case registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code. The accusation is of kidnapping minor daughter of the informant.

In 164 Cr.P.C. statement the victim has named the petitioner alleging taking her away forcibly and intoxicating her. It is submitted by learned counsel for the petitioner that as per medical report the age of the victim has been assessed as 16-17 years when no confirmatory evidence of rape has been found, though the medical report suggests that the possibility

Patna High Court Cr.Misc. No.24445 of 2014 (04) dt.08-01-2015 2/2 of rape cannot be excluded.

Considering the fact that the medical opinion does not suggest any injury, the age of the victim has been found as 16-17 years and a statement has been made in para 3 of the petition that the petitioner has no criminal antecedent, 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 Sub-divisional Judicial Magistrate, Birpur (Supaul) in connection with Birpur P.S. Case No. 264 of 2013.

(Dinesh Kumar Singh, J) DKS/- U T