Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24993 of 2017 Arising Out of PS.Case No. -70 Year- 2015 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Vikash Kumar S/o Ram Ekbal Singh resident of village - Sumerganj, P.S. Goraul, District - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-07-2017 Heard the counsel for the petitioner and the State. Prayer is for grant of anticipatory bail in Goraul P.S. Case No. 70 of 2015 registered under section 366/34 IPC. The informant in his FIR has stated that the victim was minor at the time of her abduction/kidnapping for the purpose of marriage. Counsel for the petitioner draws attention of the Court to Annexure-2 which is the statement of the victim recorded under section 164 Cr. P.C. wherein she has candidly stated that on her own free will she married the petitioner. She disclosed her age as 20 years whereas the court assessed her age as 19 years.

It is further stated that the victim is a legally wedded wife and the wedlock has produced one child. Learned court below has rejected the prayer for bail on estimating her age on the alleged date of occurrence.

Patna High Court Cr.Misc. No.24993 of 2017 (2) dt.13-07-2017 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Vaishali at Hajipur in Goraul P.S. Case No. 70 of 2015 on condition that one of the bailors of the petitioner shall be his own/close family member. (Kishore Kumar Mandal, J) HR/- U T