Patna High CourtCR. MISC./5647/2015bail granted

Ram Kumar v. The State Of Bihar

2015-04-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5647 of 2015 (3) dt.28-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5647 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Ram Kumar Son of Om Prakash Ram, Resident of Village - Agiyava, P.S. - Agiyava, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar No.6 For the Opposite Party/s : Mr. Subhash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Para 27 of the case diary reveals that victim was recovered on 23.03.2014 and her statement under Section 164 of the Cr.P.C. was recorded on 24.04.2014 i.e. after 29 days of the recovery and between the aforesaid period, she was in the custody of the informant. The first information report reflects that before institution of the present case, a love letter of the victim was recovered from the house of co-accused, Shamse Alam Mansuri @ Shadan and the aforesaid love letter reflects that victim was in love with the petitioner.

No doubt, the victim has, categorically, stated about the manner in which she was taken away by the petitioner and sold

Patna High Court Cr.Misc. No.5647 of 2015 (3) dt.28-04-2015 to one unknown woman but the statement of victim recorded under Section 164 of the Cr.P.C. also shows this fact that relatives of the petitioner as well as brother of the victim had gone to Saharanpur to take her back. The victim has been found aged about between 18 to 19 years in her medical examination. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioner is in jail custody since 29.09.2014, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Daudnagar in connection with Daudnagar P.S. Case No. 61 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T