Keshiya Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36685 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Keshiya Devi Wife of Yogendra Sahani
2. Ramdeo Sahani Son of Mosafir Sahani Both are residents of village - Lahi, Police Station - Madhuban, District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-08-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. I am shocked to see the impugned order passed by learned 5th Additional Sessions Judge, Motihari in B.P No.721 of 2015. The learned 5th Additional Sessions Judge, Motihari has noted in his impugned order that the victim has very clearly stated in her statement recorded under section 164 of the Cr.P.C that she has solemnized her marriage with co-accused Sandeep Kumar and furthermore, the medical board found the victim aged about 171⁄2 to 181⁄2 years.
The learned Magistrate, who recorded the statement of victim under section 164 of the Cr.P.C., assessed the age of victim as 20 years and similarly, the victim also disclosed her age as 20 years.
Patna High Court Cr.Misc. No.36685 of 2015 (2) dt.31-08-2015 2/2 the above stated facts the learned 5th Additional Sessions Judge rejected the prayer for bail of the petitioner without applying his judicial mind.
Considering the statement of victim recorded under section 164 of the Cr.P.C, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Sikarahana, East Champaran in connection with Madhuban P.S.Case No. 23 of 2015 (Hemant Kumar Srivastava, J) Namita/- U T