Barjesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11046 of 2017 Arising Out of PS.Case No. -31 Year- 2016 Thana -MAHILA P.S. District- MADHUBANI ====================================================== Barjesh Sah, Son of Raj Kumar Sah, Resident of village - Umgaun, P.S. Halakhi, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Mahila P.S. Case No. 31 of 2016 instituted for the offence under Section(s) 323, 376, 354(B), 504 of the Indian Penal Code and Sections 4/8 of the Protection of Children from Sexual Offences Act. The informant alleged in the written report that this petitioner took her to Delhi on promise to marry her, kept her there for 7-8 months and committed illegal act with her. Subsequently the informant became pregnant. The petitioner denied to perform marriage with the informant. The informant came back to her village on 05.01.2016 and thereafter a Punchayati was held but accused persons did not accept the verdict of the panchayat. The statement of the victim girl was

Patna High Court Cr.Misc. No.11046 of 2017 (3) dt.21-04-2017 2/2 recorded under Section 164 Cr.P.C wherein she also stated similar facts. The girl was medically examined wherein the doctor has assessed her age to be 19 years and in the pregnancy test, she was found pregnant of about 21 weeks. She was also found habitual to sexual intercourse as per medical report.

The petitioner is in custody since 03.12.2016. From the allegation made in the written report as well as the statement of the victim girl/informant under Section 164 Cr.P.C, it appears that even if sexual act was done, it was done with the consent of the victim girl/informant. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Madhubani in connection with Complaint Case No. 54 of 2016, arising out of Mahila P.S. Case No. 31 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T