Patna High CourtCR. MISC./40087/2015bail granted

Amir Nut @ Hamir Hussain v. The State Of Bihar

2015-09-08Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.40087 of 2015 (2) dt.08-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40087 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Amir Nut @ Hamir Hussain S/o Sarfuddin Nut R/o Sabeya Mushar Toli, P.S. Mirganj, Distt. - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Aditya Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner seeks bail in a case under Section 366A/34 of the Indian Penal Code.

The informant made allegation of kidnapping against the petitioner but the victim appeared and disclosed that she has already married with the petitioner and after marriage she went to Mumbai. She was again married with Firoj. She further disclosed that she wanted to live with Hamir.

On the other hand, the learned counsel for the informant and the learned Additional Public Prosecutor submitted that the victim is a minor girl and the doctor assessed her age

Patna High Court Cr.Misc. No.40087 of 2015 (2) dt.08-09-2015 between 15-16 years but the court has assessed her age to be 20 years and the victim also disclosed her age as 20 years. The victim did not make allegation of kidnapping against anyone. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Gopalganj in Uchkagaun P.S. Case No. 90/15. (Prabhat Kumar Jha, J) BKS/- U T