Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2061 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== Mukesh Kumar, Son Of Banbari Choudhary, Resident Of Village Kandi Bitho, Post Office Bitho Sharif, P.S.-CHANDAUTI, District-Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar, Advocate.

For the Informant :

Md. Murad Ashraf, Advocate.

For the State :

Mr. Binod Kumar No.3, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-03-2021 Let the defects be removed within four weeks. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 366A and 506/34 of the Indian Penal Code.

The statement of the victim recorded under Section 164 Cr.P.C. would reveal that she had voluntarily left her house after the parents assaulted her. She came to the railway station, called the petitioner on phone and thereafter married with the petitioner. The victim disclosed her age as 19 years, whereas the learned Magistrate assessed her age as 18 years. Learned counsel for the informant opposed the prayer for bail.

Patna High Court CR. MISC. No.2061 of 2021(2) dt.26-03-2021 2/2 Considering the statement of the victim girl wherein no allegation is there against the petitioner of commission of any offence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Belaganj P.S. Case No. 139 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T