Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66279 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -PASRAHA District- KHAGARIA ======================================================

1. Gautam Kumar Son of Mahendra Sharma Resident of Village- Birbas, P.S. Pasraha, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Advocate.

For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Pasraha P.S. Case No. 94 of 2018 instituted for the offence under Sections 366A/34 of the Indian Penal Code.

In the written report it is alleged that this petitioner along with other accused persons has kidnapped the daughter of the informant namely Anju Kumari.

The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2 wherein she has stated that she has voluntarily gone with the petitioner and performed marriage.

The court below has assessed the age of victim girl in the statement recorded under Section 164 Cr. P.C. to be 19 years

Patna High Court Cr.Misc. No.66279 of 2018 (2) dt.31-10-2018 2/2 and the victim girl has stated her age as 19 years. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Chief Judicial Magistrate, Khagaria, in connection with Pasraha P.S. Case No. 94 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T