Munni Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10823 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- District- Madhubani ====================================================== Munni Devi wife of Late Parmeshwar Yadav resident of village Chanka P.O. Rayam P.S.Bhairav Asthan District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binoy Kumar Sinha 1 For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-02-2019 This application has been filed for cancellation of bail granted to the Opposite Party No.2 by Addl. Sessions Judge VI, Madhubai, vide order dated 27.11.2019 passed in A.B.P.No.1981 of 2018.

Grounds for cancellation of the bail as per the learned counsel for the petitioner is that she was minor and she had been kidnapped by the O.P.no.2 and he has criminal antecedent also. In spite of that he has been granted bail by the learned Addl. Sessions Judge VI, Madhubani.

Heard learned APP and the learned counsel for the O.P.No.3.

From perusal of the impugned order it appears that statement of the girl recorded under Section 164 Cr.P.C. does not support the prosecution case and further in her statement

Patna High Court CR. MISC. No.10823 of 2019(2) dt.26-02-2019 2/2 recorded under Section 164 Cr.P.C. she has stated that she is aged about 19 years and further it appears from the impugned order that medical report also shows that the victim is aged about 19 years.

In such view of the matter, I find no illegality in the order granting bail to the O.P.no.2 as such this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T