Ambika Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38120 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -HABIBPUR District- BHAGALPUR ======================================================
1. Ambika Kumar, son of Chandrashekhar Mandal, residents of VillageBhairopur, Police Station- Habibpur, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she stated that petitioner and one Vikash took her and after that her marriage was forcibly solemnized with the petitioner. She also stated that her thumb impression was taken on stamp papers and she was forced to give photographs of marriage.
Petitioner happens to be cousin brother of the victim and submission on behalf of the petitioner is that the victim was in love with the petitioner and she herself left her home but subsequently, when she came in clutches of informant and her other family members, she took U-turn. It is further contended that
Patna High Court Cr.Misc. No.38120 of 2015 (3) dt.06-11-2015 2/2 the victim was medically examined and she was found aged about between 17 to 19 years and, therefore, the aforesaid fact goes to show that the victim was major at the time of alleged occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Shri Dipanjan Mishra, Judicial Magistrate 1st Class, Bhagalpur in connection with Habibpur P.S. Case No. 20 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T