Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73352 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- JAMALPUR District- Munger ====================================================== Chhotu Yadav, S/o Ashok Yadav, R/o Vill- Faridpur Faari, Keshopur, P.S.- Jamalpur, Dist- Munger.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Jamalpur P.S. Case No. 211/2018 registered for the offences punishable under Sections 366(A), 120(B)/34 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act.

The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she levelled bald allegation against her father, who happens to be the informant of the present case. The victim, specifically, stated in her statement that she solemnized her marriage with petitioner by her own sweet will. The victim disclosed her age as 19 years, whereas learned Magistrate assessed the age of victim as 15 years.

Patna High Court Cr.Misc. No.73352 of 2018(2) dt.20-12-2018 2/2 Moreover, considering the statement of victim recorded under Section 164 of the Cr.P.C., I think it proper to extend the privilege of anticipatory bail to the petitioner. Accordingly, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 learned Addl. Sessions Judge I, Munger, in Jamalpur P.S. Case No. 211/2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T