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Patna High CourtCR. MISC./54140/2017disposed

Gautam Kumar Sharma v. The State Of Bihar

2018-01-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54140 of 2017 Arising Out of PS.Case No. -214 Year- 2016 Thana -PARWATTA District- KHAGARIA ====================================================== Gautam Kumar Sharma, Son of lalo Sharma, Resident of VillageMunshipatti, Police Station- Sultanganj, District- Bhagalpur, Present Address- Jai Ram Coaching Complex Kulhariya, Police Station- Parbatta, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate. For the Opposite Party/s : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Parbatta P.S. Case No. 214 of 2016 instituted for the offence under Sections 366(A) of the Indian Penal Code.

The prayer for anticipatory bail of petitioner was earlier rejected by a coordinate Bench of this Court vide order dated 16.3.2017 passed in Cr. Misc. 10544 of 2017. The petitioner has referred to Annexure-5 and 6 which are petitions filed in the court below stating that the petitioner and victim girl have now married and are living together. He has also referred to Annexure-4 which is a report of the Medical Board wherein the age of victim girl has been assessed between 18-19

Patna High Court Cr.Misc. No.54140 of 2017 (3) dt.25-01-2018 2/2 years.

In such circumstances, the application is disposed off with a direction to the petitioner and victim girl to appear before the court below i.e. Additional Chief Judicial Magistrate-1st, Khagaria, in connection with Parbatta P.S.Case No. 214 of 2016 within a period of four weeks from the date of receipt/production of a copy of this order and in the event the court below is satisfied that both of them are major and the victim girl has performed marriage with this petitioner voluntarily and both of them are living together, the court below will pass appropriate order in accordance with law preferably on the same day. (Sanjay Priya, J) S.Ali/- U T