Suraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16490 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -BELHAR District- BANKA ======================================================

1. Suraj Singh S/o Late Dinesh Singh, Village- Dhauri, P.S.- Belhar, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The statement of victim was recorded under section 164 of the Cr.P.C in which she stated that she left her home voluntarily and she was never kidnapped by any person. The police after due investigation submitted final form showing the case as mistake of fact but learned learned Chief Judicial Magistrate, Banka, differed with the finding of the police and took cognizance of the offences but the learned Additional Sessions Judge-IV, Banka, rejected the prayer for bail of the petitioner only on the ground that the victim was minor at the time of alleged occurrence without taking note of this fact that the victim has not even whispered a single word against the petitioner in her statement recorded under section 164

Patna High Court Cr.Misc. No.16490 of 2016 (2) dt.26-04-2016 2/2 of the Cr.P.C.

Accordingly, 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, III, Banka in connection with Belhar P.S.Case No. 283 of 2015.

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