Vikram Kumar Sahni @ Vikram Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.64454 of 2018 (2) dt.31-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64454 of 2018 ======================================================

1. VIKRAM KUMAR SAHNI @ VIKRAM SAHNI, Son of Kisun Yadav, Resident of Village- Baraipura, (North Tola), P.S.- Brahampur, DistrictBegusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shyameshwar Kr. Singh, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner as well as learned APP.

At an earlier occasion while petitioner moved for grant of bail vide Cr. Misc. No. 61954/2017, the same was disposed of on 19.12.2017 directing the learned lower court to ascertain the age of the victim in accordance with principle so laid down by the Hon'ble Apex Court and with regard thereto, references have already been mentioned therein. The learned lower court found the date of birth of victim as 23.06.2006 and on account thereof, the victim was minor on the date of occurrence.

Learned counsel for the petitioner has submitted that during course of evidence, the victim has stated that she has married with the petitioner and she wants to stay with him. In the

Patna High Court Cr.Misc. No.64454 of 2018 (2) dt.31-10-2018 aforesaid background, petitioner should be released on bail. On the other hand, learned APP drew attention toward the age of the victim to be 10 years 5 months and 29 days on the alleged date of occurrence, she still happens to be minor. Be that as it may, considering the allegation, prayer for bail is rejected.

(Aditya Kumar Trivedi, J) perwez U T