Patna High CourtCR. MISC./13558/2019bail granted

Bhutti Mukhiya v. The State Of Bihar

2019-03-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13558 of 2019 Arising Out of PS. Case No.-424 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== BHUTTI MUKHIYA, son of Bachchu Mukhiya, resident of villageBhanachak Tola Binwaliya, Police Station- Majhaulia, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in S.G.R. No.73 of 2017 arising out of Majhaulia P.S. Case No.424 of 2017 instituted for the offence under Section(s) 366-A/34 Indian Penal Code and Section 8 of the POCSO Act.

Counsel for the petitioner submits that victim girl has been examined under Section 164 Cr.P.C., which has been enclosed as Annexure-2. She has stated her age as 18 years in her statement recorded under Section 164 Cr.P.C. and the Court has assessed her age as 17 years. The victim has stated in her statement that she has voluntarily gone with the petitioner to Gorakhpur and has performed marriage with him in temple.

Patna High Court CR. MISC. No.13558 of 2019(2) dt.06-03-2019 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Additional Sessions Judge 1st cum Special Judge, Bettiah, West Champaran, in connection with S.G.R. No.73 of 2017 arising out of Majhaulia P.S. Case No.424 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T