Patna High CourtCR. MISC./67473/2018bail granted

Jitendra Sah v. The State Of Bihar

2018-11-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67473 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== Jitendra Sah, S/o Late Satyadeo Sah @ Styadev Sah, Resident of Shyampur, Dumari Katsari, P.S. Shyampur Bhataha, Distt.-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar -2, APP For the Informant : Mr. Sunil Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 26-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Shyampur Bhataha P.S. Case No. 53 of 2018 instituted for the offence under Section(s) 363 and 366A/34 Indian Penal Code.

Counsel for the petitioner submits that victim has given statement under Section164 Cr.P.C., wherein, she has stated that she has gone voluntarily with the petitioner and has performed marriage with him. She has expressed her desire to live with the petitioner. The Court below by order dated 07.07.2018 has released the victim girl at her own free will finding her age between 16-18 years as per report of the Medical Board. The victim girl is, at present, residing in her

Patna High Court Cr.Misc. No.67473 of 2018(2) dt.26-11-2018 2/2 Sasural (house of this petitioner).

Counsel for the informant has opposed the prayer for bail.

Statement of the victim recorded under Section 164 Cr.P.C. has been annexed as Annexure-2, from which it appears that the girl has stated her age 18 years. The Court has assessed her age as 17 years.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sheohar in connection with Shyampur Bhataha P.S. Case No. 53 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- Rohit Kr.

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