Patna High CourtCR. MISC./39802/2018bail granted

Tinku Kumar v. The State Of Bihar

2018-09-14Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39802 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -SIGORI District- PATNA ====================================================== Tinku Kumar Son of Kishun Deo Yadav Resident of Village- Kanaura, P.S. Sigori, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sharda Kumari D/o Bachhu Yadav Vill-Natauli Mathiya, P.O.+P.S.-Sigori, Distt- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Kumar, Adv. For the Opposite Party/s : Mr. Mithilesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Sigori P.S. Case No. 26/2018, registered for the offences punishable under Sections 376, 420, 504, 506 and 34 of the Indian Penal Code. The informant alleged that on 17.01.2018, petitioner who is brother-in-law (Bhaisur) of her cousin sister, took away her to Patna on the pretext of marriage and made physical relation with her forcibly.

It has been submitted that petitioner has been falsely implicated in the case. There is love affair between informant and petitioner. Informant is a major girl. The victim recorded her statement under Section 164 Cr.P.C., and disclosed her age to be

Patna High Court Cr.Misc. No.39802 of 2018 (3) dt.14-09-2018 2/2 22 years. In the statement, she has clearly stated that she voluntarily left her house and went along with petitioner. It appears that victim is a major girl and she is a consenting party.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Vth, Danapur, Patna in connection with Sigori P.S. Case No. 26/2018.

(S. Kumar, J) Vinita/- U T