Patna High CourtCR. MISC./4779/2018bail granted

Sandeep Tiwary v. The State Of Bihar

2018-03-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 4779 of 2018 Arising Out of PS.Case No. -492 Year- 2017 Thana -MUFFASIL District- WESTCHAMPARAN (BETTIAH) ======================================================

1. Sandeep Tiwary, Son of Awadh Kishor Tiwary, Resident of VillageBarwat Prasrain, P.s.- Betiah (M), District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Bhardwaj For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 366A of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offenses Act, 2012.

The Statement of the victim would reveal that she has alleged nothing against the petitioner which is stated in the FIR, rather she has stated that she has voluntarily married with the petitioner.

Learned counsel for the informant opposed the prayer for bail on the ground that the victim is a minor below 13 years, hence, she is incompetent to enter into a marriage or incompetent to say anything. He further submits that when the

Patna High Court Cr.Misc. No.4779 of 2018 (4) dt.26-03-2018 2/2 informant went to the house of the petitioner then he was abused by the parents of the petitioner and also threatened by them. After hearing the parties, I am of the view that the minor is not incompetent to say that no offence has been committed against her, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bettiah Mufassil Police Station Case No. 492 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T