Vikram Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36742 of 2019 Arising Out of PS. Case No.-603 Year-2015 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== VIKRAM PANDIT, aged about 27 years, Son of Dorik Pandit, Resident of Village - Athari (Bhada Tola), P.S.- Runnisaidpur, Dist.- Sitamarhi ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

M/s Ashhar Mustafa & Viksh Kumar Jha, Advs.

For the Opposite Party :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-06-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 603 of 2015 for the offence alleged under Sections 366A and 120B of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his minor daughter, Savitri Kumari, aged 13 years, has been kidnapped by co-accused Vijay Rajak and Manish Rajam and the petitioner has forcibly married with her. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, the victim-girl in her statement under Section 164 of the Criminal Procedure Code has stated that she has married out of her own sweet will and has two years old son. The Medical Board has assessed her age to be 17 to 19 years, as such, she is not a minor

Patna High Court CR. MISC. No.36742 of 2019(2) dt.18-06-2019 2/2 as is evident from perusal of the impugned order. He submits that now the petitioner and the victim-girl are husband and wife blessed with the son and the statement of the victim-girl under Section 164 of the Criminal Procedure Code also falsifies the prosecution story.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Runnisaidpur P.S. Case No. 603 of 2015 to the satisfaction of the learned Special Judge (POCSO ACT), Sitamarhi, or the successor Court.

(Nilu Agrawal, J) Shamshad/- U