Kashi Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30063 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -HASPURA District- AURANGABAD ======================================================
1. Kashi Sao Son of Late Ramsewak Sao Resident of village - Itawan, P.S. Haspura, District - Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-366(A), 504/34 of the Indian Penal Code. The statement of victim was recorded u/S 164 of the Cr.P.C. in which, she specifically, stated that she solemnized her marriage with co-accused Prince by her own sweet will. The petitioner happens to be father of co-accused Prince. The victim disclosed her age as 19 years. The medical board found her between 17-18 years, however, the learned Magistrate assessed the age of the victim as 16 years.
I am surprised and shocked to see the approach of learned Sessions Judge, Aurangabad because the victim has stated
Patna High Court Cr.Misc. No.30063 of 2016 (3) dt.12-08-2016 2/2 nothing against the petitioner, but even then, learned Sessions Judge, ignoring the above-said facts rejected the bail petition of the petitioner, who was languishing in jail custody since 17-042016 at the time of passing of rejection order. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Haspura P.S. Case No. 77 of 2016 to the satisfaction of learned Judicial Magistrate-Ist Class, Daudnagar, Aurangabad.
(Hemant Kumar Srivastava, J) A.K.V./- U T