Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58618 of 2018 Arising Out of PS.Case No. -259 Year- 2018 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Arjun Kumar S/o Yamuna Mahto, R/o Vill.- Bari Tola, P.S.- Bettiah Muffasil, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bettiah Muffasil P.S. Case No. 259 of 2018 instituted for the offence under Sections 376 and 313 of the Indian Penal Code.

Counsel for the petitioner submits that victim girl has given statement under Section 164 Cr. P.C. wherein she has stated her age as 18 years and court has assessed her age to be 17 years.

From the statement of victim girl recorded under Section 164 Cr. P.C. it appears that she was having love affairs with the petitioner and physical relationship was established by the petitioner with her consent.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.58618 of 2018 (2) dt.09-10-2018 2/2 the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, Distt. West Champaran, in connection with Bettiah Muffasil P.S. Case No. 259 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T