Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49707 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -DUMRA District- SITAMARHI ====================================================== Rahul Kumar, son of Upendra Mahto, resident of village-Suhai, P.S. Dumra, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the State : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 The petitioner seeks regular bail in connection with Dumra P.S. Case No. 197 of 2017 for the offences punishable under Sections 363, 366(A)/34, of the Indian Penal Code. The allegation against the petitioner is kidnapping the minor girl, namely Manisha Kumar for illicit purpose. Learned counsel for the petitioner submits that the statement of the victim girl under section 164 Cr.P.C. would show that the girl is major and she had on her own desire eloped with the petitioner and she had a love affair with the petitioner. It is further submitted that even Medical Board constituted for the purposes of examination of the victim girl would show that the victim girl is major and no sign of rape was found. The petitioner does not have any criminal antecedent and he is languishing in jail since 01.07.2017.

Patna High Court Cr.Misc. No.49707 of 2017 (2) dt.17-10-2017 2/2 For the reasons stated hereinabove, I deem it fit and appropriate to enlarge the petitioner, namely Rahul Kumar on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 197 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T