Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42405 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -SABAUR District- BHAGALPUR ======================================================

1. Amit Kumar Son of Sh. Dharmendra Kr. Singh @ Ajay Prasad Singh, Resident of village- Patel Nagar, P.S.- Sabour, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Purushottam Kumar Das For the Opposite Party/s : Mr. Sunil Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in jail custody since 0806-2015 in a case registered under Sections-376, 313, 420 read with 34 of the Indian Penal Code.

It would appear from perusal of the first information report that the informant was in physical relationship with the petitioner since the year, 2013 but she lodged the present case in the year, 2015. Moreover, she admitted in her written report that she was living in the house of the petitioner. Furthermore, the impugned order reveals that at the time of recording the statement of informant, the concerned court found her age about 18 years.

Patna High Court Cr.Misc. No.42405 of 2015 (2) dt.16-09-2015 2/2 No doubt, the alleged occurrence took place two years prior to recording of the above-said statement of the victim but taking the totality of the prosecution case, 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 Sabour P.S. Case No. 111 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur. (Hemant Kumar Srivastava, J) A.K.V./- U T