Guddu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22368 of 2015 Arising Out of PS.Case No. -459 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Guddu Kumar Son of Late Rajgeer Sao Resident of village and Police Station - Barachatty, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Yashveer Raju Son of Vijay Manjhi Resident of village and Police Station - Barachatty, District - Gaya.

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

For the Petitioner/s : Mr. Abhay Kumar Thakur For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 06.10.2014 in a case registered for the offences punishable under Sections 366A, 120B/34 of the Indian Penal Code and Section 3 (xii) of S.C./S.T. (Prevention of Atrocities) Act.

The victim has already been recovered and her statement under Section 164 of the Cr.P.C. has been recorded. No doubt, the victim stated about the manner of her kidnapping as well as rape naming the petitioner but submission on behalf of the petitioner is that the victim fell in love with the petitioner and she eloped with the petitioner by her own sweet will. It is also pointed

Patna High Court Cr.Misc. No.22368 of 2015 (3) dt.14-10-2015 2/2 out on behalf of the petitioner that the victim was found major by the doctor when she was medically examined.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of period of detention of the petitioner in jail custody, let the 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 Sri Narendra Pal Singh, Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Barachatty P.S. Case No. 459 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T