Patna High CourtCR. MISC./15887/2018bail granted

Gautam Kumar v. The State Of Bihar

2018-04-13Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15887 of 2018 Arising Out of PS.Case No. -325 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Gautam Kumar S/o Sri Niranjan Singh @ Niranjan Kumar, R/o VillagePawai, P.S.- Suryagarha, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navesh Nandan For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Lakhisarai P.S. Case No. 325 of 2017 registered for the offence punishable under Section 8 of the Indian Penal Code and Section 8 of POCSO Act.

It is alleged that petitioner has taken away his minor daughter aged 16 years with an intention of marriage when she had gone to market to purchase vegetables.

Learned counsel for the petitioner has submitted due to land dispute petitioner has been falsely dragged in this case. In her statement recorded under Section 164 Cr.P.C. she has not made allegation of rape against the petitioner and she further

Patna High Court Cr.Misc. No.15887 of 2018 (3) dt.13-04-2018 2/2 stated that she went with the petitioner to Bombay where his brother came and informed that a case has been lodged against the petitioner and thereafter, she returned to her parental house. It has been submitted that no case of forceful abduction has been made. Medical Board has assessed her age as 17-18 years. Petitioner is in custody since 12.10.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge 1st-cum-Special Court, Lakhisarai in connection with Lakhisarai P.S. Case No. 325 of 2017.

(S. Kumar, J) sushma/- U