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Patna High CourtCR. MISC./61530/2018bail granted

Gopal Mahto And ANR v. The State Of Bihar

2018-11-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61530 of 2018 Arising Out of PS. Case No.-184 Year-2018 Thana- UDAKISHUNGANJ DistrictMadhepura ======================================================

1. Gopal Mahto, Son of Ashok Mahto @ Suresh Mahto,

2. Suresh Mahto, Son of Shiv Shankar Mahto, Both are resident of Village- Brahmoittar P.S.- Singeshwar, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Adv For the Opposite Party/s :

Mr. Sunil Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 9,10,11 of Prohibition of Child Marriage Act. On secret information, the police raided house of co-accused and found that a minor girl was being married with petitioner No.1, who is also a minor. Learned counsel for the petitioners submits that the medical report of the girl would reveal that she is in between 16 to 18 years. There is chances of one year error in the medical opinion. The impugned order reveals that age of petitioner No.1 is 21 years on the basis of

Patna High Court Cr.Misc. No.61530 of 2018(2) dt.20-11-2018 2/2 information supplied at the time of preparation of Adhar Card.

Considering the nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Uda- Kishunganj P.S.Case No. 184 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Nitesh/- U T