Chhotu Bhagat @ Brijnandan Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.34468 of 2015 (2) dt.21-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34468 of 2015 Arising Out of PS.Case No. -102 Year- 2015 Thana -KORHA District- KATIHAR ======================================================

1. Chhotu Bhagat @ Brijnandan Bhagat Son of Sacho Bhagat @ Sachidanand Bhagat Resident of Kheria, P.S. - Korha, District - Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s Mr. Sanjay Kr. Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 21.08.2015 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 stated that she along with the petitioner had gone out of her own sweet-will and also established physical relation with him.

No doubt, medical board found age of the victim between 14 to 15 and learned Magistrate assessed age of the victim as 16 years but the victim disclosed her age as 18 years. 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 amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Korha P.S. Case no. 102/2015.

shahid (Hemant Kumar Srivastava,J) U T