Mithu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.39429 of 2018 (2) dt.06-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39429 of 2018 Arising Out of PS.Case No. -735 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Mithu Kumar, son of Sri Hari Kishor Mandal @ Hari Krishan Prasad, resident of Village and PO Khaira, PS Haveli Kharagpur, District Munger at present residing at Village Mathiapur, PS Shahpur, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pradip Kumar For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 20.3.2018, seeks bail in Danapur PS Case No. 735 of 2017 registered under Section 366A of the IPC.

It is submitted that the statement of the girl recorded under Section 164 Cr.P.C. indicates that it is a case of elopement though the girl is 15 years of age and minor whereas the petitioner, the boy, was only 16 years of age at the time of occurrence as his date of birth recorded in the matriculation certificate is 6.1.2002. Having considered the said facts and circumstances, the petitioner, namely, Mithu Kumar is directed to 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 ACJM Danapur in connection with Danapur PS Case No. 735 of 2017. Snkumar/- (Arun Kumar, J) U T