Guddu Kumar Yadav @ Chandan Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.27884 of 2018 (4) dt.16-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27884 of 2018 Arising Out of PS.Case No. -451 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Guddu Kumar Yadav @ Chandan Yadav, Son of Nagina Yadav, Resident of Village- Yogia, P.S.- Ram Nagar, District- West Champaran at Bettiah. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar Sinha For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 18.4.2018, seeks bail in Ram Nagar PS Case No. 451 of 2017 registered under Sections 366A, 341, 323, 506, 120B of the IPC and Sections 8/12 of the Pocso Act.
Learned Counsel for the petitioner submits that it is a case is elopement as the girl herself has stated in her statement recorded under Section 164 Cr.P.C. that she eloped with the petitioner and married with him, it is also submitted that the girl is major as the Medical Board has assessed her age about 17 years and below 19 years.
Learned Counsel appearing on behalf of the State submits that the girl is minor, according to school certificate her age is 13 years and she herself has stated about her age as 17 years. Having considered the said facts and circumstances, the petitioner, namely, Guddu Kumar Yadav @ Chandan Yadav is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge lst -cum- Special Judge (Pocso Act), Bagha, West Champaran in connection with Ram Nagar PS Case No. 451 of 2017.
Snkumar/- (Arun Kumar, J) U T