Niraj Kumar @ Mantu Kumar @ Mantu Kumar Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.961 of 2017 (2) dt.13-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.961 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -SONBERSA District- SAHARSA ====================================================== Niraj Kumar @ Mantu Kumar @ Mantu Kumar Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.01.2017 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 and 379 of the Indian Penal Code.

The statement of victim has been recorded under section 164 Cr.P.C in which she has stated that she had gone along with the petitioner by her own sweet will and after that solemnized court marriage. Victim was major at the time of alleged occurrence but even then Addl. Sessions Judge rejected bail petition of the petitioner without applying his judicial mind.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Saharsa in Sonbarsa Raj P.S. Case no. 138/2016. shahid (Hemant Kumar Srivastava,J) U T