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Patna High CourtCR. MISC./35789/2017bail granted

Satyendra Prasad v. The State Of Bihar

2017-08-08Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35789 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ====================================================== Satyendra Prasad Son of late Raghunandan Mahto Resident of VillageBardaha, Police Station- Khodaganj, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 01.03.2017 in connection with Khudaganj P.S. Case No. 151 of 2016 registered for the offence punishable under Section 366(A) of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he had gone to the field for cultivation and when he returned, he found his daughter, Rani Kumari not present. His nephew informed that petitioner had kidnapped his minor daughter for the purpose of marriage.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.35789 of 2017 (2) dt.08-08-2017 2/2 petitioner that he is innocent, bears no criminal history and the informant's daughter in her statement under Section 164 of the Cr.P.C. has stated that she has married the petitioner out of her own sweet will. She has stated her age to be 18 years although the learned Magistrate has found her age to be 15 years, but no medical report is there.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st , Hilsa, Nalanda in connection with Khudaganj P.S. Case No. 151 of 2016. (Nilu Agrawal, J.) Arjun/- U T