Patna High CourtCR. MISC./21988/2016bail granted

Sudarshan Kumar v. The State Of Bihar

2016-05-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21988 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -TEKARI District- GAYA ======================================================

1. Sudarshan Kumar, Son of Late Sukan Choudhary Resident of Mohalla - Naua Bigha, P.O. Aark Dhibaria, P.S. Tekari, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Tekari P.S. Case No. 06 of 2016 registered for the offence punishable under Section 366(A) of the Indian Penal Code.

Allegedly, Shobha Kumari, aged 17 years, the sister of the informant, became traceless since 30.12.2015. During investigation the statement of the victim was recorded under Section 164 Cr.P.C. wherein, she has stated her age 18 years 6 months and the learned Magistrate has also assessed her age as 18 years. She has stated that she was not kidnapped rather, she went with her own sweet will and she performed marriage with the petitioner. The doctor has also found her age 16-17 years.

Patna High Court Cr.Misc. No.21988 of 2016 (2) dt.23-05-2016 2/2 In the facts and circumstances stated above, considering the statement of the victim, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Tekari P.S. Case No. 06 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T