Patna High CourtCR. MISC./5417/2015bail granted

Sujit Ram v. The State Of Bihar

2015-02-10Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5417 of 2015 (2) dt.10-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5417 of 2015 Arising Out of PS.Case No. -234 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Sujit Ram Son of Chintaman Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Manish Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 234 of 2014 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code. The victim in her statement recorded under Section 164 of the Cr.P.C. very clearly stated that she solemnized her marriage with the petitioner by her own sweet will and after marriage, she became pregnant. The age of the victim was assessed by the learned Magistrate as 18 years whereas victim disclosed her age as 22 years. It appears that learned Sessions Judge rejected the prayer of the petitioner only on the ground of medical report in which the age of the victim was found between 16 to 17 years.

Patna High Court Cr.Misc. No.5417 of 2015 (2) dt.10-02-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Chief Judicial Magistrate, Siwan in Hussainganj P.S. Case No. 234 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T