Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8744 of 2016 Arising Out of PS.Case No. -548 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Krishna Singh S/o late Ramjee Singh Resident of Village -Matiaria P.s Harsidhi District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A, 372 of the Indian Penal Code and 8 of the Protection of Children from Sexual Offences Act. The prosecution case is that the informant submitted a written report on 22.12.2015 to the Officerin-charge of Majhaulia Police Station to the extent that his daughter Juli Kumari, aged about 15 years, after getting displeased with the family members came to Naurangabad and was subsequently recovered by the police. When

Patna High Court Cr.Misc. No.8744 of 2016 (2) dt.24-02-2016 Sonia, who happens to be wife of informant's brother-inlaw got her released by executing a bond as the mother of the victim is not alive. Subsequently, Sonia, who has illicit relationship with the petitioner Krishna Singh sold the informant's daughter to Pintu Kumar, who sexually exploited her. Hence the daughter of the informant sexually exploited by Krishna Singh and Pintu Kumar at the behest of Sonia Devi.

It is submitted by the learned counsel for the petitioner that under Section 164 Cr.P.C. statement the victim got her age recorded 19 years, the Court also assessed her aged 20 years, where she has not named the petitioner. No information was given by the informant to the police when the daughter of the informant went traceless, two months prior to the lodging of the case.

Considering the fact that the victim in 164 Cr.P.C. statement has not named the petitioner and coupled with the statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, 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, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 548 of 2015, subject

Patna High Court Cr.Misc. No.8744 of 2016 (2) dt.24-02-2016 to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T