Madan Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.11662 of 2015 (2) dt.26-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11662 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -DUMRA District- SITAMARHI ======================================================
1. Madan Kumar son of Dasai Mukhiya resident of Village - Rasalpur, Tole - Mirchaiya, P.S. - Dumra, District - Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Reena Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-03-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 108 of 2014 registered under Sections323, 363, 364(A), 366, 120(B) of the Indian Penal Code. The victim has stated in her statement recorded u/S 164 of the Cr. P.C. that she voluntarily solemnized her marriage with the petitioner as she was in love with him. The victim also expressed her desire to go and live with the petitioner. The victim disclosed her age before learned Magistrate as 20 years though the learned Magistrate assessed her age as 16 years. Moreover, in Medical Examination, the victim was found aged about between 18-19 years.
Patna High Court Cr.Misc. No.11662 of 2015 (2) dt.26-03-2015 Learned Sessions Judge has committed error on record at paragraph-7 of the impugned order.
Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dumra P.S. Case No. 108 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T