Shivjee Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.46650 of 2014 (02) dt.04-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46650 of 2014 Arising Out of PS.Case No. -212 Year- 2014 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Shivjee Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Bharat Lal(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

At an initial stage, informant/ victim/ prosecutrix aged about 14 years was ravished by Mukesh Kumar and then indulged in such kind of activity on the pretext of marriage whereupon, she became pregnant. On account thereof, when prosecutrix along with her mother had gone to the place of Mukesh Kumar, Mukesh, Shivjee Singh, Sumitra, Rakesh assaulted them and during course thereof, it has also been alleged that Sumitra Devi, Shivjee Singh, Akhilesh Kumar assaulted over her stomach so that she could abort. Panchayati was also convened, however, did not materialize.

From the order impugned, it is evident that victim was examined by the doctor and the injury report did not

Patna High Court Cr.Misc. No.46650 of 2014 (02) dt.04-02-2015 corroborate the allegation so far assault and its consequence event, as narrated in the written report. However, she has been found minor carrying pregnancy.

Accordingly, petitioner Shivjee Singh is directed to 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 the learned Additional Sessions Judge-Cum-Special Judge, PACSO, Vaishali at Hajipur in connection with Goraul P. S. Case no.212 of 2014, subject to condition that till conclusion of the trial, no coercive step or influence would be exercised at the end of petitioner upon the prosecutrix as well as her mother. In case so, the learned lower Court will be at liberty to pass appropriate order in accordance with law.

(Aditya Kumar Trivedi, J) Vikash/- U T