Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66750 of 2018 Arising Out of PS. Case No.-264 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Pawan Kumar Son of Manoj Kumar Yadav, resident of Village- Madhupur, P.S.- Allouli, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Mrityunjay Kumar For the Opposite Party :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 363, 366(A)/34 of the IPC.

The statement of the victim has been recorded under Section 164 of the Cr.P.C. in which she stated that she had left her home by her sweet will and subsequently solemnized her marriage with petitioner. The victim disclosed her age as 18 years and the learned Magistrate, who recorded the statement of victim also assessed the age of victim as 18 years. The impugned order goes to show that the learned I/c Sessions Judge refused to grant privilege of bail to petitioner only on the ground that the medical board had found victim

Patna High Court Cr.Misc. No.66750 of 2018(2) dt.22-11-2018 2/2 between 16 to 17 years.

Considering the aforesaid facts and circumstances as well as submission of the parties let petitioners be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in Allouli P.S. Case No. 264/2018. (Hemant Kumar Srivastava, J) abhijeet/S.HassanU T