Patna High CourtCR. MISC./30985/2017bail granted

Shiv Kumar v. The State Of Bihar

2017-07-06Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30985 of 2017 Arising Out of PS.Case No. -162 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shiv Kumar, S/o Ram Chandra Manjhi, resident of Village- Khasuar, P.S.- Mufassil Bettiah, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered under Sections 363/366 of the Indian Penal Code. As per prosecution petitioner kidnapped the minor daughter of the informant for marriage.

It has been submitted by the learned counsel for the petitioner that the petitioner has committed no offence. The petitioner and the victim girl have got hitched out of their sweet will. It is mentioned in the impugned order that the victim was medically examined and the doctor has found her age to be 1517 years. So as per settled law age of the victim be considered by adding two years to the maximum age assessed by the doctor

Patna High Court Cr.Misc. No.30985 of 2017 (2) dt.06-07-2017 2/2 in favour of the defence. As such the victim was major at the time of occurrence. It is further submitted that the petitioner and the victim are living together. The petitioner is in custody since 15.05.2017.

Having considered the facts and circumstances of the case, let, above named petitioner, 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 learned C.J.M., Bettiah, West Champaran in connection with Bettiah (M) P.S.Case No. 162 of 2017.

(Prakash Chandra Jaiswal, J) singh/- U T