Patna High CourtCR. MISC./64178/2018bail granted

Kishan Mandal @ Kishan Kumar v. The State Of Bihar

2018-12-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64178 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- JAMALPUR District- Munger ====================================================== Kishan Mandal @ Kishan Kumar Son of Sri Nand Kishore Mandal, resident of Village- Jagdishpur, P.S. Jamalpur, District- Munger. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Jamalpur P.S. Case No. 211 of 2018 registered for the offences punishable under Sections 366-A, 120-B, 34 of the Indian Penal Code and Sections 8, 12 of POCSO Act.

The statement of victim was recorded under Section 164 of the Cr.P.C. in which she made serious allegation against her father. However, she stated in her statement that she solemnized her marriage with co-accused Chhotu Yadav by her own sweet will. The victim has, nowhere, stated the name of the petitioner. The victim disclosed her age as 19 years whereas the learned Magistrate assessed the age of the victim as 15 years.

Patna High Court Cr.Misc. No.64178 of 2018(2) dt.12-12-2018 2/2 However, the medical board found her between 17 to 18 years. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 learned Additional Sessions Judge-1st, Munger in Jamalpur P.S. Case No. 211 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T