Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15545 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -BACHWARA District- BEGUSARAI ====================================================== Manoj Kumar S/o Akshay Lal Mahto Resident of Village Jamunatant, P.S. Dalsinghsarai, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 19.12.2014 in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The accusation is of kidnapping minor daughter of the informant.

In 164 Cr.P.C. statement the victim got her age recorded as 19 years when the court has also assessed as such but as per the medical opinion the victim has been assessed between 16 to 18 years. Though, in 164 Cr.P.C. statement the victim suggested that she was kidnapped and she was forced to marry petitioner, but the photographs of the marriage brought on record

Patna High Court Cr.Misc. No.15545 of 2015 (02) dt.19-05-2015 2/2 prima facie suggest that the marriage was performed with consent. The Medical Board neither find any injury on the body of the victim and nor any evidence of rape. The investigation has already concluded.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai in connection with Bachhawara P.S. Case No. 81 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T