Raushan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.33517 of 2018 (2) dt.14-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33517 of 2018 Arising Out of PS.Case No. -162 Year- 2017 Thana -PARIHAR District- SITAMARHI ====================================================== Raushan Kumar S/o Ram Chandra Sah @ Sukhari Sah, R/o Vill. + P.O. Jagdar, P.S.- Parihar, Distt.- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pushpendra Kumar Singh, Adv.

For the Opposite Party : Mr. Bisheshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-06-2018 Heard the learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, in the present case, is seeking regular bail in connection with Parihar P.S. Case No. 162 of 2017, registered for the offences alleged under Sections 363, 366 (A) of the Indian Penal Code.

The learned counsel for the petitioner has drawn the attention of this court towards the statement of the victim girl made under Section 164 of the Cr.P.C. It is submitted that in her initial statement the victim girl had disclosed that she had gone with this petitioner at her own will and volition and had married with him at Pahadi Mandir, Ranchi. It is submitted that the victim girl has specifically stated that this petitioner had not committed any wrong with her. She disclosed her age as 18 years and also expressed her desire to live with this petitioner and not to go with her parents. But as it appears from the impugned order, later on

Patna High Court Cr.Misc. No.33517 of 2018 (2) dt.14-06-2018 the victim girl changed her statement to the effect that she had not married with this petitioner.

Learned A.P.P. for the State is present.

Considering the submissions of the petitioner, in view of the statement made under Section 164 of the Cr.P.C. that the petitioner had not committed any wrong with the victim girl, I would direct release of the petitioner, above named, to be enlarged 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, Sitamarhi in connection with Parihar P.S. Case No. 162 of 2017, subject to the conditions under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/Abhishek/ Manoj U T