Naval Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.59987 of 2017 (4) dt.06-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59987 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -SAHIYARA District- SITAMARHI ====================================================== Naval Kumar S/o Bilat Singh, R/o Village- Jalsi, P.S.- Sahiyara, DistSitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Sahiyara PS Case No. 90 of 2017 registered under Sections 363, 366A, 372/34 of the IPC.

The allegation in brief is that minor daughter of the informant was kidnapped by one Jitendra Thakur and the petitioner on a motorcycle. She appeared and made statement that she was gang raped by five persons including the petitioner. Learned Counsel for the petitioner submits that this is a case of elopment, she eloped with Jitendra Thakur and her age is 15 - 17 years as per medical report, she herself appeared and in her medical report no sign of gang rape is found. The police has submitted charge-sheet in this case.

Having considered the said facts and circumstances, the petitioner, namely, Naval Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Judge 5, Sitamarhi in connection with Sahiyara PS Case No. 90 of 2017. Snkumar/- (Arun Kumar, J.) U T