Manjesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51942 of 2014 Arising Out of PS.Case No. -210 Year- 2014 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Manjesh Yadav son of Gajadhar Yadav resident of Village - Beeasa, P.S. - Parbatta, District - Khagariya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 363 and 365 of the I.P.C It is submitted that the FIR has been lodged after much delay on 12.08.2014 for the occurrence of 11.06.2014. The petitioner is not named in the F.I.R. The victim girl has married with the petitioner with her own sweet will. She has stated in her statement recorded under section 164 Cr.P.C. that the petitioner has not kidnapped her rather she left the house herself and married with the petitioner. The doctor who had examined the victim has assessed her age about 18 years. Compromise has also been arrived at between the parties and the victim is living with the

Patna High Court Cr.Misc. No.51942 of 2014 (3) dt.03-03-2015 2/2 petitioner as his wife. The petitioner is suffering in custody since 08.09.2014 without any fault on his part.

The learned A.P.P. fairly submits that in view of statement recorded under section 164 Cr. P.C. the petitioner deserves sympathetic consideration.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Bhagalpur in Nathnagar (Madhusudan) P.S. Case No. 210 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T