Shambhu Yadav @ Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53001 of 2015 Arising out of PS. Case No. -22 Year- 2015 Thana -MAIGRA District- GAYA ====================================================== Shambhu Yadav @ Shambhu Kumar son of Arjun Yadav, resident of village- Chandariya, P.S. Maigra, District- Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Dhirendra Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl. APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 17-12-2015 Heard the parties.
The petitioner apprehends his arrest in connection with Maigra P.S. Case No. 22 of 2015 for the offences punishable under Section 366 of the Indian Penal Code and Sections 3(1)(XII) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the 'SC/ST Act').
Mr. Dhirendra Kumar, learned counsel for the petitioner with reference to the allegations made in the FIR submits that whereas there is no case made out under the 'SC/ST Act', even the alleged offence under Section 366 is not made out for the girl is a major and her statement made under Section 164 of the Code of Criminal Procedure present at Annexure-2
Patna High Court Cr.Misc. No.53001 of 2015 (2) dt.17-12-2015 reflects her willingness to marry.
Having heard learned counsel for the parties and considering the materials on record as well as the statement of the victim girl, let the petitioner, namely, Shambhu Yadav @ Shambhu Kumar in the event of his arrest or surrender within four weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate- 1st Class-Sherghati, District-Gaya and/or the court concerned in connection with Maigra P.S. Case No. 22 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Jyoti Saran, J) S.Sb/- U T