Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14980 of 2016 Arising Out of PS.Case No. -103 Year- 2014 Thana -HASPURA District- AURANGABAD ====================================================== Niraj Kumar, son of Upendra Singh, resident of village- Dihuri, P.s.- Haspura, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 366A/34 of the Indian Penal Code.

The statement of the victim has been recorded under Section 164 of the Cr.P.C. in which she stated that she voluntarily eloped with petitioner and solemnized her marriage as she was in love with the petitioner. The victim disclosed her age as 19 years though the learned Magistrate assessed the age of victim as 16 years. It would appear from perusal of the impugned order that almost all the witnesses except informant, I.O. and victim had already been examined.

Considering the facts and circumstances as well as this aspect of the matter that petitioner is languishing in jail

Patna High Court Cr.Misc. No.14980 of 2016 (2) dt.11-04-2016 2/2 custody since 19.12.2014, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge III, Aurangabad (Bihar) in connection with Haspura P.S. Case No.103 of 2014/S.T. No.51/15/37/16.

(Hemant Kumar Srivastava, J) N.H./- U T