Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46921 of 2017 Arising Out of PS.Case No. -347 Year- 2016 Thana -RAMPUR District- GAYA ======================================================

1. Ravi Kumar, Son of Harendra Paswan, Resident of Mohalla- Purani Mal Godown, Near Dak Asthan, Police Station- Delha, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Rampur P.S. Case No. 347/2016 dated 26.11.2016 instituted for the offences under Sections 363, 366(A) and 120(B) of the Indian Penal Code.

The informant's daughter viz. Saloni Kumari, who had come to her grand mother's house on the occasion of a marriage in the family, was taken away by the petitioner along with his friends.

Learned counsel for the petitioner has drawn the attention of this Court towards 164 statement of the victim girl who has stated that on 24.11.2016, she had, of her own volition, eloped with the petitioner and had married with him in a temple at

Patna High Court Cr.Misc. No.46921 of 2017 (3) dt.28-11-2017 2/2 Bangalore. She has further stated that she is not desirous to go back with her parents as she is living as legally wedded wife of the petitioner.

Since the informant who is the father of the victim has stated the date of birth of his daughter to be 03.08.2001, the victim was put to medical examination. The medical examination report clearly reveals that there was no sign and symptom of present intercourse and it could not be ascertained whether she was raped. That apart, the report further, inter alia, indicates that physical and radiological examination shows the age of victim to be between 17-18 years.

The petitioner is in custody since 14.04.2017. Regard being had to the aforesaid facts, this Court is inclined to grant bail to the petitioner.

The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 347/2016.

(Ashutosh Kumar, J.) Rakhi U T