Ajay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.24174 of 2016 (3) dt.14-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24174 of 2016 Arising Out of PS.Case No. -425 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Ajay Kumar Son of Ram Babu Rai, resident of Village- Gheghta, P.S.- Chapra Muffasil, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 14.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 5.9.2015 (wrongly mentioned in the impugned order as 5.9.2016) in a case registered under sections 363, 366 and 366A of the Indian Penal Code. The present case was lodged against unknown and according to the prosecution case itself, alleged occurrence took place in the evening of 23.8.2015. Subsequently, victim was recovered and the petitioner was arrested along with victim. The statement of victim was recorded under section 164 Cr.P.C on 8.9.2015. The victim was medically examined and she was found by the Medical Board between 13 to 14 years whereas learned Magistrate, who recorded the statement of the victim, assessed her age as 15 years. The victim stated that she was forcibly taken away by the petitioner when she had gone to market and subsequently, petitioner forcibly solemnized his

Patna High Court Cr.Misc. No.24174 of 2016 (3) dt.14-07-2016 marriage with her but on her request, petitioner brought her to Darbhanga from where petitioner and she were caught by the police. Para 20 of the case diary goes to show that the petitioner and the victim were found loitering near Laheriasarai town. Submission on behalf of the petitioner is that victim was in love with the petitioner and she left her home by her own sweet will and after that she pressurized the petitioner to marry with her but the petitioner refused and brought her to Darbhanga with an intent to hand over to her parents but in the meantime, police caught them. No doubt, victim appears to be minor at the time of alleged occurrence but para 20 of the case diary goes to show that there was sweet relation between the petitioner and the victim.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 District & Sessions Judge, Darbhanga in Sessions Trial no. 104/2016 arising out of Sadar P.S. Case no. 425/2015.

shahid (Hemant Kumar Srivastava,J) U T