Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9219 of 2020 Arising Out of PS. Case No.-251 Year-2019 Thana- TEKARI District- Gaya ====================================================== SUDHIR KUMAR Son of Doman @ Radheshyam Yadav Resident of VillageNaugharapar, P.S-Tekari (Mau O.P.), District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Learned counsel for the petitioner has referred statement of the victim recorded under Section 164 Cr.P.C. in order to suggest that she happens to be a consenting party. Furthermore, also argued that from the column age of the victim is, as disclosed by her to be 19 years. In the aforesaid background, it has been submitted that victim is major and so, was quite competent to join the hand with the petitioner. Learned Additional P.P. opposed the same with regard to disappearance of the victim (name withheld), her mother, informant, filed a written report wherein she had shown suspicion against the petitioner to have enticed her away. From the order impugned, it is evident that from the matriculation certificate the

Patna High Court CR. MISC. No.9219 of 2020(2) dt.28-02-2020 2/2 victim happens to be minor and, petitioner being married since before so, second marriage in the eye of law happens to be void. In the aforesaid background, prayer for bail is rejected. (Aditya Kumar Trivedi, J) rakhi/- U T