Shahjahan @ Vickey @ Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67552 of 2018 Arising Out of PS. Case No.-283 Year-2017 Thana- MAHNAR District- Vaishali ====================================================== Shahjahan @ Vickey @ Shamsher ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navjot Yeshu For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Mahnar P. S. case no. 283/2017 registered under sections 363 and 365 of the IPC.

The victim has returned and her statement under section 164 Cr.P.C was recorded. In her statement, she stated that she had eloped with the petitioner by her own sweet will and subsequently, solemnized her marriage with the petitioner. The victim disclosed her age as 23 years but learned Magistrate, who recorded the statement of the victim, assessed her age as 16 years. The impugned order goes to show that victim was examined by dental doctor as well as radiologist and both opined different age of the victim.

Patna High Court Cr.Misc. No.67552 of 2018(2) dt.06-12-2018 2/2 Moreover, considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate VI, Vaishali at Hajipur in Mahnar P. S. case no. 283/2017 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) s.hassan/- U T