Ravi Bhushan Rai @ Ravi Bhushan Kumar @ Pappu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33943 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Ravi Bhushan Rai @ Ravi Bhushan Kumar @ Pappu Rai, son of Sri Mahabir Rai, resident of village Shiswani (Mansurpur) P.S. Vaishali, District- Vaishali.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 08.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Saraiya P.S. Case No.55 of 2016 registered under sections 363 and 366A/34 of the Indian Penal Code.
The statement of the victim appears to have been recorded under Section 164 of the Cr.P.C. in which she has admitted that by her own sweet will, she solemnized her marriage with petitioner.
The learned Sessions Judge has rejected the prayer of the petitioner only on the ground that the school certificate of the victim goes to show that she was aged about 17 years at the time of alleged occurrence.
Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/
Patna High Court Cr.Misc. No.33943 of 2016 (4) dt.08-11-2016 2/2 surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioner above named be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Subdivisonal Judicial Magistrate, West Muzaffarpur in Saraiya P.S. Case no. 55 of 2016 subject to condition as laid down under section 438(2) of the Cr.P.C.
N.H/- (Hemant Kumar Srivastava,J) U T