Gulam Rasul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17483 of 2018 Arising Out of PS.Case No. -143 Year- 2017 Thana -SIKTI District- ARRARIA ======================================================

1. Gulam Rasul S/o Mukhtar @ Md. Mukhtar Alam, R/o Village- Parariya, P.S.- Sikty , District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/366A of the Indian Penal Code.

The perusal of the statement of the victim, under Section 164 Cr.P.C., would reveal that she had voluntarily gone with the petitioner and had voluntarily married with the petitioner. Learned counsel for the informant opposed the prayer for bail on the ground that the victim herself has disclosed her age as 17 years, as such, she was a minor and not competent to marry.

However, the victim is competent to say that no

Patna High Court Cr.Misc. No.17483 of 2018 (2) dt.29-03-2018 P2/ offence has been committed with her. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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 Sikty P.S. Case No.143 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T