Chhotan Pandey @ Shashi Bhushan Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.27183 of 2016 (3) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27183 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chhotan Pandey @ Shashi Bhushan Pandey Son of Paharhi Pandey resident of Village- Shankar Saraiya Kasaba Tola,P.S.- Turkauliya,DistrictEast Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 01.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner seeks bail in a case registered under sections 363 and 366A/34 of the Indian Penal Code.

Victim as well as the petitioner were caught by police at Patna Junction railway station which is evident from perusal of para 45 of the case diary. The statement of victim was recorded under section 161 Cr.P.C and thereafter under section 164 Cr.P.C. In both statements, she stated that while she was going to coaching, petitioner gave lift to her on his own motorcycle on the pretext to drop at her coaching center but she was taken to Bombay and from where she was taken to Gandhidham where she stayed with the petitioner for near about two months but when the petitioner learnt that his brother had

Patna High Court Cr.Misc. No.27183 of 2016 (3) dt.01-09-2016 already been sent to jail in connection with present case, petitioner came to Patna along with her with an intent to drop her but the petitioner and she were caught at Patna railway station. Submission on behalf of the petitioner is that victim was major at the time of alleged occurrence though learned Magistrate assessed the age of victim as 15 years but medical report of the victim goes to show that Medical Board found her as 16 to 17 years. Moreover, victim has made no complain of ill-treatment at the hands of the petitioner. Petitioner is in jail custody since 17.3.2016 and investigation against him has already been completed. Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Motihari Town P.S. Case no. 35/2016. shahid (Hemant Kumar Srivastava,J) U T