Patna High CourtCR. MISC./1019/2015bail granted

Avinash Kumar And ANR v. The State Of Bihar

2015-01-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1019 of 2015 Arising Out of PS.Case No. -200 Year- 2014 Thana -MOKAMAH District- PATNA ======================================================

1. Avinash Kumar Son of Late Devi Charan Ram @ Devendra Kumar Resident of Village - Doctor Toli, P.S.- Mokama, District - Patna.

2. Jai Kumar Son of Rudra Narayan Prasad Singh Resident of Village - Godan Gadhi, P.S- Mokama, District - Patna.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ravi Ranjan For the Opposite Party : Mr. Ramshankar Das(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Heard learned counsels for the petitioners, informant and the State.

Petitioners are languishing in custody in a case registered for the offences punishable under Sections 363, 366A/34 of the I.P.C and Section 3(1)(XII) of the SC & ST (Prevention of Atrocities) Act.

The accusation is of enticing away the minor daughter of the informant for the purpose of marriage. It is submitted by learned counsel for the petitioners that in 164 Cr.P.C statement the victim got her age recorded as 19 years when learned Court below has assessed as such, where she has stated that she got married with Ravi Kumar though marriage was performed against the wished of the victim. The victim in her 164 Cr.P.C statement has not

Patna High Court Cr.Misc. No.1019 of 2015 (2) dt.13-01-2015 2/2 alleged anything against the petitioners.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Mokama P.S. Case No. 200 of 2014.

(Dinesh Kumar Singh, J) Shageer/- U T