Santosh Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.33111 of 2018 (3) dt.07-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33111 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -CHAUTHAM District- KHAGARIA ====================================================== Santosh Sharma Son of Prakash Sharma resident of Village - Nirpur, P.S. Choutham, District Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 22.12.2017 in connection with Choutham P.S. Case No. 131 of 2017 for the offence registered under Sections 363, 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner was in love affairs with the victim girl, she has herself categorically stated that she had gone with the petitioner of her own sweet will and no one had kidnapped her or forced her to go with him. The said statement made under Section 164 Cr.P.C. clearly established the same.

In view of the fact that the victim girl has disclosed her age 19 years though in the first information report the informant has stated her age as 17 years and the present scenario, let the

Patna High Court Cr.Misc. No.33111 of 2018 (3) dt.07-08-2018 petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate -1st Class, Khagaria in connection with Choutham P.S. Case No. 131 of 2017.

(Anjana Mishra, J) Jagdish/- U