Jaky Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.41434 of 2015 (2) dt.14-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41434 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jaky Kumar son of Ramautar Sah, resident of Village- Ghiwadhar, P.S.- Harsidhi, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 14.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

No doubt, victim specifically stated in her statement recorded under section 164 of the Cr.P.C that she was kidnapped and taken to Surat by the petitioner but it appears from perusal of the impugned order that she herself returned to her home. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that victim was major at the time of alleged occurrence, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Aditya Deo, Judicial Magistrate, Ist Class, East Champaran at Motihari/ concerned court in Harsidhi P.S. Case no. 85/2015.

shahid (Hemant Kumar Srivastava,J) U T