Kamlesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50368 of 2015 Arising Out of PS.Case No. -182 Year- 2015 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Kamlesh Sah Son of late Mahendra Sah Resident of Village Harnachak P.S Gopalpur District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijoy Kant Mishra, Adv. For the Opposite Party/s : Mr. Ansuaiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-11-2015 Heard learned counsel for the parties.

The petitioner is in custody in connection with Gopalpur P.S. Case No.182 of 2015 (G.R.No.920 of 2015) for the offences punishable under Sections 366A/34 of the Indian Penal Code. Learned counsel for the petitioner with reference to the F.I.R. has submitted that although the petitioner has been charged of colluding in the offence but a bare perusal of the allegation made in the F.I.R. alongside the statement of the victim recorded under Section 164 of the Code of Criminal Procedure would reveal that the victim herself had left her home and claiming to be in love relationship with one of the accused. He submits that there is no allegation against the petitioner of either persuading the girl to leave her home or of any physical assault.

Patna High Court Cr.Misc. No.50368 of 2015 (2) dt.10-11-2015 2/2 Having heard learned counsel for the parties and considering the nature of allegation as set out against him, let the petitioner namely, Kamlesh Sah be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachiya in connection with Gopalpur P.S. Case No.182 of 2015.

(Jyoti Saran, J) Bibhash/- U T