Sudhir Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.15146 of 2016 (2) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15146 of 2016 Arising Out of PS.Case No. -318 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Sudhir Kumar son of Parmeshwar Thakur resident of village Dariyapur Kagen PS Kurhani Dist. Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s Mr. Gajendra Pd. Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.04.2016 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioner seeks bail in a case registered under sections 363 and 366A/34 of the Indian Penal Code.

Statement of victim has been recorded under section 164 of the Cr.P.C in which she stated that she solemnized her marriage with the petitioner by her own sweet will but learned court below rejected the bail prayer of the petitioner only on the ground that school leaving certificate of the victim shows that she was below 18 years at the time of alleged occurrence.

Moreover, Medical board found the victim between 17 to 18 years and the victim disclosed her age as 19 years. Considering the aforesaid facts and circumstances as well as this aspect of the matter that petitioner is languishing in jail custody since 7.9.2015, let the petitioner be released on bail on furnishing bail

Patna High Court Cr.Misc. No.15146 of 2016 (2) dt.12-04-2016 bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Santosh Kr, Jha, Judicial Magistrate, Ist Class, Muzaffarpur in Kudhani P.S. Case no. 318/2015. shahid (Hemant Kumar Srivastava,J) U T