Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27937 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -MAGADH UNIVERSITY District- GAYA ====================================================== Vikash Yadav, Son of Sri Raj Kumar Yadav, Resident of Village- Parariya, Police Station-Magadh University, District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Magadh University P.S. Case No.25 of 2016 registered under Section 366(A) of the Indian Penal Code.

The accusation is that Rakhi Kumari, aged about 16 years, the daughter of the informant Anita Devi, had gone to school on 31.03.2016 at about 10.00 A.M. but she did not return. On search, no trace of her was found. 15 days prior to the alleged occurrence, this petitioner and the co-accused Ram Pukar Yadav had given threatening to kidnap the daughter of the informant in course of going to school.

Patna High Court Cr.Misc. No.27937 of 2016 (2) dt.15-07-2016 2/2 Learned counsel appearing on behalf of the petitioner submits that the statement of the victim, the daughter of the informant, was recorded under Section 164 of the Code of Criminal Procedure on 07.05.2016 in which she has stated that on being annoyed with her mother, she went with this petitioner, who kept her in the house, where she stayed for about eight days and the petitioner made physical relation with her for 4/5 times and did not perform marriage with her. When the case was lodged, the petitioner got released her. Further submission is that on medical examination, the age of the victim has been assessed to be 17 (+/-) six months. The petitioner is in custody since 07.05.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IX, Gaya, in connection with Magadh University P.S. Case No.25 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T