Sanjay Mirdha v. The State Of Bihar

Patna High Court Cr.Misc. No.33697 of 2015 (2) dt.19-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33697 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -DANDKHORA District- KATIHAR ======================================================

1. Sanjay Mirdha son of Baldev Mirdha Resident of Village-Soti, P.SDandkhora, District-Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s Mr. Md. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.08.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Statement of the victim has been recorded under section 164 of the Cr.P.C in which she completely demolished the prosecution case.

Learned Magistrate found the victim aged about 18 years. The impugned order reveals that victim was found between 16 to 17 years by the Medical board.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, taking note of the statement of victim recorded under section 164 of the Cr.P.C, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Katihar in Dandkhora P.S. Case no. 09/2015.

shahid (Hemant Kumar Srivastava,J) U T