Mukesh Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.44208 of 2015 (3) dt.04-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44208 of 2015 Arising Out of PS.Case No. -235 Year- 2013 Thana -PATORI District- SAMASTIPUR ======================================================

1. Mukesh Ram Son of Om Prakash Ram @ Ram Prakash Ram, Resident of village Bhatahi, P.S.- Jandaha, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 04.01.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Informant claims himself to be eye-witness of the alleged occurrence which is said to have taken place on 22.7.2013 but admittedly, informant gave written report on 1.8.2013. The victim was recovered from Sikendrabad and her statement under section 164 of the Cr.P.C has been recorded and the victim supported the story of kidnapping but stated a different story which is not corroborated by the written report of the informant. Submission on behalf of the petitioner is that the victim was major at the time of alleged occurrence and circumstances tell a different story.

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/- with two sureties of the like

Patna High Court Cr.Misc. No.44208 of 2015 (3) dt.04-01-2016 amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Patory P.S. Case no. 235/2013.

shahid (Hemant Kumar Srivastava,J) U T