Upendra Kumar Roy @ Upendra Kumar Ram @ Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56784 of 2018 Arising Out of PS. Case No.-305 Year-2018 Thana- BANKA District- Banka ====================================================== Upendra Kumar Roy @ Upendra Kumar Ram @ Roy S/o Shanichar Roy @ Shanichar Ram, R/o Vill.- Nonia Basar, P.S. & District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda For the Opposite Party/s :
Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant . The petitioner seeks bail in Banka P.S. case no. 305 of 2018 instituted for the offence under Section(s ) 366A Indian Penal Code.
It has been submitted that victim girl has given her statement under Section 164 Cr.P.C. ,wherein, she has not alleged any overt act against this petitioner. She has stated that she has gone voluntarily with this petitioner. It has been further submitted that girl has been medically examined and the doctor has assessed her age between 14 - 17 years. Learned counsel for the informant has appeared and opposed the prayer. He has submitted that the victim girl is
Patna High Court Cr.Misc. No.56784 of 2018(2) dt.28-09-2018 2/2 minor as per statement recorded u/s 164 Cr.P.C.. This Court finds from statement recorded U/s 164 Cr.P.C. that she has not alleged any overt act against this petitioner . She has voluntarily gone with this petitioner. She has further stated that this petitioner has not done any illegal act with her.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Banka in connection with Banka P.S. case no. 305 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T