Gagan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41615 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Gagan Kumar S/O Dipo Sahni Resident Of Village-Kulhariya, P.S-Parbatta, District Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Parbatta (Bharatkhand) P.S. Case No. 90 of 2021, registered for the offence under Sections 366A, 504, 379, 34 of the Indian Penal Code. It is submitted on behalf of petitioner that victim has stated in her statement recorded under Section 164 Cr.P.C. that out of her own will, she went with this petitioner and solemnised marriage with him. She has also stated her age to be 18 years, whereas, medical board has assessed the age of victim between 17 to 19 years. Petitioner is in custody since 09.03.2021.

Learned counsel for the informant opposed the bail petition and submitted that learned court below has assessed the age of victim to be 16 years.

Patna High Court CR. MISC. No.41615 of 2021(2) dt.17-01-2022 2/2 Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Khagaria in connection with Parbatta (Bharatkhand) P.S. Case No. 90 of 2021.

(Prabhat Kumar Singh, J) anay/- U T