Patna High CourtCR. MISC./24793/2016bail granted

Rupesh Kumar v. The State Of Bihar

2016-06-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24793 of 2016 Arising Out of PS.Case No. -345 Year- 2014 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Rupesh Kumar, Son of Vinod Dubey, R/O- Mohalla- Dubey Tola, Near Four Line, Dumari, Gobarsahi, P/s- Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Indu Bala Panday ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-363, 366A/34 of the Indian Penal Code. The statement of victim was recorded u/S 164 of the Cr.P.C. in which, she stated that she was pressurized by the petitioner to accompany him and after that, the petitioner forcibly took her at different places and, pressurized her for marriage but when she refused and asked the petitioner to drop her at her home, the petitioner brought and left her at Samastipur Railway Station from where, she was taken to her home by her brother. The victim disclosed her age as 18 years and learned Judicial Magistrate, who

Patna High Court Cr.Misc. No.24793 of 2016 (2) dt.20-06-2016 2/2 recorded the statement of the victim, also assessed her age as 18 years.

Submission on behalf of petitioner is that even if, statement of victim assumed to be true, then also, the aforesaid statement goes to show that the petitioner and the victim were in love and perhaps the victim left her home by her own sweet will but subsequently, she was pressurized by her family members and then, she changed her stand.

Considering the above-said facts and circumstances of the case as well as submission of the parties, 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 Kazi Mohammadpur P.S. Case No. 345 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub Judge-Ist, Muzaffarpur.

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