Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41771 of 2018 Arising Out of PS.Case No. -348 Year- 2017 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Manoj Kumar, Son of Raja Rai, Resident of Village- Mahediya, P.S.- Sahebganj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh For the State : Mr. Sri Ram Sevak Choudhary, A.P.P. For the informant : Mr.Yugal Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Sahebganj P.S. Case No. 348 of 2017 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code.

Counsel for the petitioner submits that during investigation no cogent evidence has come against the petitioner. Petitioner is in custody since 09.05.2018.

Counsel for the informant has appeared and submitted that victim girl has given her statement under Section 164 Cr. P.C. levelling allegation against the petitioner that he forcibly took her on Motorcycle and confined her in a village situated in forest for four days.

Patna High Court Cr.Misc. No.41771 of 2018 (3) dt.24-09-2018 2/2 The statement of victim girl has been enclosed as Annexure-2 wherein she has stated that she voluntarily returned to her house. She has not stated the place where she was kept for four days. She has stated her age as 14 years in her statement under Section 164 Cr. P.C. The court has assessed her age to be 16 years.

As per Medical Report which is available in the case diary, the age of victim girl was found by the Doctor between 1920 years. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, West, Muzaffarpur, in connection with Sahebganj P.S. Case No. 348 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T