Patna High CourtCR. MISC./74425/2018allowed

Khedu Kumar @ Keshu Kumar v. The State Of Bihar

2018-12-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74425 of 2018 Arising Out of PS. Case No.-271 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Khedu Kumar @ Keshu Kumar, Son of Sri Nakchhed Sah, Resident of Village- Jaitiya Sahu Tola, P.S.- Chanpatia, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Chanpatia PS Case No. 271/2018 for the alleged offence under Section 366-A of the Indian Penal Code. Learned counsel representing the petitioner has drawn the attention of this Court to Annexure-2, report of the Medical Board, which suggests that the age of the victim was 17-18 years. Referring to Annexure-3, the statement of the victim under Section 164, CrPC, he submits that the victim has admitted joining of wedlock with the co-accused Akhilesh Mahto with whom the victim eloped at her own sweet will. As per the medical report her age was assessed at 18 years but in her statement under Section 164 CrPC the girl herself disclosed her age as 19 years.

Patna High Court Cr.Misc. No.74425 of 2018(2) dt.18-12-2018 2/2 Considering the fact that the petitioner has no role in the matter of either abduction or any other offence and the fact that he has no criminal antecedent, this application is allowed. In the event of arrest or surrender before the concerned court below within a period of one month from today, the petitioner above named is directed to 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 the Additional Chief Judicial Magistrate V, West Champaran, Bettiah in connection with Chanpatia PS Case No. 271of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) mrl./- U T