Guddu Kumar @ Guddu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45017 of 2014 Arising Out of PS.Case No. -263 Year- 2012 Thana -PANCHRUKHI District- SIWAN ====================================================== Guddu Kumar @ Guddu Prasad son of Late Vikrama Prasad, Resident of Village- Hariharpur Bela, P.S.- Jamo Bazar, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Rajendra Nath Jha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Panchrukhi P.S. Case No.263 of 2012 for the offence under Sections 366(A) and 376/34 of the I.P.C.

Learned counsel for the petitioner submits that the girl in question was not minor as has been alleged rather the medical report shows that she was 18-19 years as on 8.7.2013.He further submits that the petitioner and said Seema Kumari have since married in court and they have been living peacefully as wife and husband and out of their wedlock a son is born who is of three months. The said fact has come on the record by way of an affidavit filed by the victim girl Seema Devi claiming herself wife

Patna High Court Cr.Misc. No.45017 of 2014 (3) dt.16-04-2015 2/2 of the petitioner Guddu Kumar.

Considering the peculiar facts and circumstances of the case and also the fact that the petitioner and the girl have married, let the petitioner, above named, in the event of his arrest or surrender before the court below within two weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Siwan, in Panchrukhi P.S. Case No.263/12 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Anjana Mishra, J) AnilKrSinha/- U T