Mitranjan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55070 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -PARSA District- SARAN ====================================================== Mitranjan Baitha, S/o Laxman Baitha resident of Village- Mukul Banauta, P.S.- Parsa, Distt- Sarana at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 366(A) and 504 of the Indian Penal Code It has been submitted on behalf of the petitioner that though there is an allegation of kidnapping the victim lady, however, in her statement made before the court under Section 164 Cr.P.C., she has stated that she married with the petitioner one year before and they are living happily but their parents were opposing the marriage.

Heard learned A.P.P. also.

It appears from Annexure-2 of the application that the statement of the girl has been recorded u/S 164 Cr.P.C. but she has

Patna High Court Cr.Misc. No.55070 of 2016 (2) dt.22-12-2016 2/2 not supported the case of the prosecution, no doubt the court has assessed her age as 16 years but she has stated her age as 19 years. In view of the facts as stated above, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM 13th, Saran at Chapra in connection with Parsa P.S.Case No.87 of 2015. (Vinod Kumar Sinha, J) chn/- U