Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10997 of 2015 Arising Out of PS.Case No. -351 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Jitendra Kumar Son of Rajendra Yadav Resident of Village - Jhanjhi, P.S. Barachatty, District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The statement of the victim has been recorded under Section 164 Cr.P.C. which is evident from para-82 of the case diary. The victim stated that she had been taken away by the petitioner and co-accused Ajay Kumar but subsequently, it was one Sanjay, who happens to be brother of co-accused Ajay Kumar, who forcibly established physical relation with her and also confined her in a room. The statement of the victim reflects that except the allegation of taking away the victim, there is no any other overt act against the petitioner.

Learned counsel for the petitioner submits that the victim was medically examined and she was found above 18

Patna High Court Cr.Misc. No.10997 of 2015 (3) dt.05-10-2015 2/2 years of age.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Barachatty P.S. Case No. 351/2014 to the satisfaction of the Sub-Divisional Judicial Magistrate, Sherghatty Gaya.

(Hemant Kumar Srivastava, J) S.Pandey/- U T