Ajay Kumar Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64274 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- JADIA District- Supaul ====================================================== 1.

AJAY KUMAR GAUTAM Son of Ram Tirath Gautam Resident of VillageMani Chauk, P.S.-Laliya, District-Balrampur (U.P). 2.

Shiv Kumar Mehta Son of Ram Feran Mehta Resident of Village-Belha Ragho, P.S.-Ikauna, District-Sarabsti (U.P.) 3.

Lalit Kumar @ Lalit Ram Son of Jagan Ram Resident of Village-Chunni Ward No.5, P.S-Chhatapur, District-Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Choudhary For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Jadia P.S. Case No. 132 of 2019 for the offence under Sections 372, 373, 511 and 34 of the Indian Penal Code and Section 9/11 of the Prohibition of the Child Marriage Act. Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedents, are innocent and have not committed any offence. In fact, the victim has been married with petitioner no.1 with the consent of their respective guardian. Moreover, from

Patna High Court CR. MISC. No.64274 of 2019(2) dt.07-11-2019 2/2 statement recorded under Section 164 Cr.P.C. it is evident that the victim is ready to live with the petitioner No.1 and no case of human trafficking is made out against the petitioners. The petitioners are rotting in judicial custody since 24.07.2019.

Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Supaul in connection with Jadia P.S. Case No. 132 of 2019.

(Arvind Srivastava, J) brajesh/- U T