Mukesh Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.38038 of 2015 (6) dt.08-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38038 of 2015 Arising Out of PS.Case No. -309 Year- 2014 Thana -PIRO District- BHOJPUR ======================================================
1. Mukesh Kumar Son of Late Sheo Nath Singh resident of VillageBasauni, Police Station- Piro, District- Bhojpur, Ara. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s Mr. R.P.S. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06/ 08.12.2015 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.
Para 49 of the case diary shows that victim was found sitting at Veer Kuwar Singh Park situated near Ramna Maidan, Ara and police recovered her. Further, para 54 of the case diary reveals that statement of victim was recorded under section 164 of the Cr.P.C in which she stated that she was forcibly taken away by the petitioner and others to Gujrat where petitioner established physical relation with her without her will and consent but subsequently, she was brought to her village.
Learned counsel for the petitioner submits that victim was major at the time of alleged occurrence and when she was medically examined, she was found between 17 to 19 years and, as a matter of fact, there was love affair between the petitioner and the victim but
Patna High Court Cr.Misc. No.38038 of 2015 (6) dt.08-12-2015 when their marriage could not be materlized, victim lodged this case at the behest of her parents.
Petitioner is in jail custody since 29.5.2015 and investigation of this case has already been completed. Accordingly, petitioner is directed to 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 Chief Judicial Magistrate, Bhojpur at Ara in Piro P.S. Case no. 309/2014. shahid (Hemant Kumar Srivastava,J) U T