Pramod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7978 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== Pramod Kumar Yadav, Son of Late Hira Ray R/o village-Konahava, P.S.- Kotawa, District-East Champaran (Motihari).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh- Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-06-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner is in custody since 30.08.2019 and seeks bail in connection with Mahindwara P. S. Case No.73 of 2019 registered for the offences punishable under Sections 363, 366(A) of the I.P.C.

The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she specifically stated that she was never kidnapped by anyone rather she left her home by her own volition. Furthermore, the victim stated in her statement recorded under Section 164 of the Cr.P.C. that this petitioner arranged a room for her, but petitioner did not ill-treat to her.

Patna High Court CR. MISC. No.7978 of 2020(3) dt.08-06-2020 2/2 The victim claimed her age as 18 years whereas the learned lower Court assessed her age as 17 years.

Admittedly, the victim has stated nothing against the petitioner and even if it assumed that at the time of alleged occurrence, the victim was minor, then also it is obvious that she was able to understand the things.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Mahindwara P. S. Case No.73 of 2019.

(Hemant Kumar Srivastava, J) vikash/- U T