Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67465 of 2018 Arising Out of PS. Case No.-102 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== Santosh Kumar, Son of Late Sachita Yadav, Resident of Village- Pachena, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Maharaj, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

Petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 102 of 2018 registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

The victim has already returned and her statement under Section 164 of the Cr.P.C. has been recorded. Learned counsel for the petitioner submits that certified copy of the statement of victim has not been furnished to the petitioner but the petitioner got photostat copy of the case diary in which the statement of victim recorded under Section 164 of the Cr.P.C. has been incorporated and the aforesaid statement shows that the victim eloped with petitioner

Patna High Court Cr.Misc. No.67465 of 2018(2) dt.04-12-2018 2/2 and subsequently solemnised her marriage.

Learned counsel for the petitioner submits that the victim was major at the time of alleged occurrence and the aforesaid fact is evident from the marriage certificate attached with the petition.

However, learned counsel appearing for the informant submits that the victim was medically examined and she was found between 17-18 years by the doctor.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 learned Additional Sessions Judge-I, Lakhisarai in Lakhisarai P.S. Case No. 102 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T