Janeshwar Ram @ Madari v. The State Of Bihar

Patna High Court Cr.Misc. No.34275 of 2018 (2) dt.26-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34275 of 2018 Arising Out of PS.Case No. -237 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Janeshwar Ram @ Madari, Son of Late Ram Sagar Ram, Resident of Village- Bandhwa, P.S.- Tarari, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-06-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody since 10.1.2018 seeks bail in Nasriganj PS Case No. 237 of 2017, registered under Sections 364A/34 and 376 of the IPC and Section 6 of the Posco Act. The allegation in brief is that the petitioner enticed away minor daughter of the informant, later on the girl was recovered, her statement was recorded under Section 164 Cr.P.C. and there she supported the allegation of establishing physical relationship and the Medical Board found her age about 14 - 16 years. Submission is that the girl herself eloped with the petitioner, she is between 14 - 16 years of age, there is no other material against the petitioner and a compromise petition has also been filed.

Having considered the age of the girl and the accusation of establishing physical relationship presently the prayer for bail of the petitioner is rejected.

The trial court is directed to expedite the trial and if the tgrial does not conclude within a year the petitioner may renew his prayer for bail.

Snkumar/- (Arun Kumar, J) U T