← Library
Patna High CourtCR. MISC./31020/2015disposed

Chandra Shekhar Kumar Thakur v. The State Of Bihar

2015-07-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31020 of 2015 Arising Out of PS.Case No. -227 Year- 2015 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Chandra Shekhar Kumar Thakur S/o Suresh Thakur Resident of village - Dighi, P.S. Bathnaha, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s : Mr. Dashrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statements the victim got her age recorded 16 years, the Court also assessed her aged 16 years but she has also stated that she of her own returned and acquainted with the petitioner since two years. It is submitted by the learned counsel for the petitioner that during medical examination the medical board found the age of the victim as 19-21 years. No sign of establishment of forceful physical relation was found by the Doctor.

Patna High Court Cr.Misc. No.31020 of 2015 (2) dt.31-07-2015 Considering the fact that victim of her own returned and she was acquainted with the petitioner from before. As per medical opinion she was found major, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Sitamarhi P.S. Case No. 227 of 2015, pending in the court of learned Chief Judicial Magistrate, Sitamarhi. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T