Patna High CourtCR. MISC./25330/2016bail granted

Niraj Kumar v. The State Of Bihar

2016-06-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25330 of 2016 Arising Out of PS.Case No. -217 Year- 2015 Thana -SULTANGANJ District- PATNA ======================================================

1. Niraj Kumar, son of Jai Prakash Mahto, resident of Mohalla- Panchvati Nagar, Bazar Samittee Police Station- Bahadurpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Sri Ram Shankar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-363, 365, 120(B), 34 of the Indian Penal Code and under Sections-3(i)(xii) of the SC/ST Act.

The petitioner was apprehended in Rajasthan and the victim was also recovered along with the petitioner. The statement of victim was recorded u/S 164 of the Cr. P.C. in which, she disclosed her age as 18 years whereas; the learned Magistrate assessed her age as 16 years. The victim in her statement nowhere levelled allegation of kidnapping against the petitioner and from perusal of statement of the victim, it appears that she was in love with the petitioner and she eloped with the petitioner and started

Patna High Court Cr.Misc. No.25330 of 2016 (2) dt.24-06-2016 2/2 residing at Rajasthan by her own sweet will.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, 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 Sultanganj P.S. Case No. 217 of 2015 to the satisfaction of Sri Ashutosh Kumar Rai, learned J.M.-Ist Class, Patna City, Patna.

(Hemant Kumar Srivastava, J) A.K.V./- U T