Ajay Kumar Tanti v. The State Of Bihar
Patna High Court Cr.Misc. No.48471 of 2015 (2) dt.02-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48471 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================
1. Ajay Kumar Tanti S/o Late Shankar Tanti R/o Gopalpur Siz Tola, P.S. Amdabad, Distt. - Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner seeks bail in connection with Amdbad P.S. Case No. 60 of 2015 registered for the offences punishable under Sections 366 and 379 of the Indian Penal Code. Sushma Kumari aged 15 years the daughter of the informant was kidnapped with ornaments by the petitioner and other co-accused.
Submission is of false implication and that the victim has been examined under Section 164 Cr.P.C. vide annexure-2 and she has stated her age to be 18 years and the learned Magistrate has also assessed her age 18 years. She has stated that she has married with Ajay Kumar Tanti out of her own sweet will and her
Patna High Court Cr.Misc. No.48471 of 2015 (2) dt.02-12-2015 mother has lodged false case. She has been examined medically also and her age has been assessed between 16-17 years. Now good sense has prevailed between the parties and joint compromise petition has also been filed in the court below vide annexure-4.
Learned APP after going through annexure-2 does not oppose the prayer of bail.
In the facts and circumstances stated above, 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 Sri B. K. Chaudhary, J. M Ist Class, Katihar in connection with Amdabad P.S. Case No. 60 of 2015, subject to the conditions that one of the bailors must be a 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) avin/- U T