Patna High CourtCR. MISC./45865/2015bail granted

Akhilesh Kumar Chourasiya v. The State Of Bihar

2015-10-01Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.45865 of 2015 (2) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45865 of 2015 Arising Out of PS.Case No. -108 Year- 2015 Thana -KORHA District- KATIHAR ======================================================

1. Akhilesh Kumar Chourasiya S/o Bhola Chourasiya Resident of Village Maheshpur, Police Station Korha, District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 01.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Informant claimed in his written report that on 1.7.2015 at about 6 p.m, his daughter had gone outside the house to attend call of nature but she did not return. The victim was recovered and her statement under section 164 of the Cr.P.C was recorded. In the said statement, she stated that on 1.7.2015, petitioner had come to her home to take her tuition and gave intoxicated sweet as a result of which she became unconscious and after that she was taken by the petitioner. Furthermore, she stated that she was saved by unknown person who got released her from the clutches of the petitioner and after that unknown person dropped her at Katihar station. The contention on behalf of the petitioner is that victim herself eloped from her home and when she came in possession of the informant, informant got recorded her tutored statement.

Patna High Court Cr.Misc. No.45865 of 2015 (2) dt.01-10-2015 No doubt, victim was minor at the time of alleged occurrence but taking note of the 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. 108/2015.

shahid (Hemant Kumar Srivastava,J) U T