Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15708 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================

1. Ravi Kumar Son of Brahmdeo Das a Resident of Kumhrar, P.S.- Agamkuan, 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. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The victim has stated in her statement recorded under section 164 of the Cr.P.C that she voluntarily solemnized her marriage with the petitioner and she was never kidnapped either by the petitioner or any other person. The victim disclosed her age as 18 years though learned Magistrate assessed her age as 16 years. The learned 1st Additional Session Judge, Patna City rejected the prayer for bail of the petitioner only on the ground that the Magistrate found the victim aged about 16 years but the learned 1st Additional Sessions Judge, Patna City failed to take note of this fact that there is always possibility of error of two years in assessing the age of a person.

Patna High Court Cr.Misc. No.15708 of 2016 (2) dt.19-04-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patnacity in connection with Agamkuan, P.S.Case No. 43 of 2016.

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