Patna High CourtCR. MISC./79321/2018bail granted

Ashish Kumar @ Ladoo Kumar @ Laddu Kumar v. The State Of Bihar

2019-01-29Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79321 of 2018 Arising Out of PS. Case No.-1253 Year-2017 Thana- SAHARSA District- Saharsa ====================================================== Ashish Kumar @ Ladoo Kumar @ Laddu Kumar Son of Pradeep Sah Resident of Village-Garichari, Police Station- Gamharia, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neerad Parashar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Saharsa Sadar P. S. Case No. 1253 of 2017 dated 28.11.2017 instituted for the offences under Sections 363, 366 (A) and 34 of the Indian Penal Code and Section 8 of the POCSO Act, 2012.

The minor daughter of the informant went missing. The informant later learnt that the petitioner and others had abducted her.

From the records, it appears that the victim girl was recovered who gave her statement under Section 164 Cr.P.C. that she had come out of her house of her own volition and had married the petitioner at Nepal. She has

Patna High Court Cr.Misc. No.79321 of 2018(2) dt.29-01-2019 2/2 disclosed her age to be 16 years.

Learned counsel for the petitioner has submitted that her projection of age may not be correct because she has herself stated that she doesn't know how to read and write and in the medical examination, the doctor has opined her age to be 18 years.

Considering the aforesaid facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J., 1st -cum -Special, Saharsa in connection with Saharsa Sadar P. S. Case No. 1253 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U