Lalit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65936 of 2018 Arising Out of PS. Case No.-570 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Lalit Kumar, Son of Ganpati Yadav @ Ganpat Yadav, Resident of VillageGangia, P.S.- Gangaur, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh For the Opposite Party/s :
Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code.
The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she completely demolished the claim of the informant saying that she had voluntarily gone along with petitioner and subsequently, solemnized her marriage. It appears from perusal of the impugned order that the learned Sessions Judge rejected the bail prayer of the petitioner on the ground that medical board found the victim between 16 to 17 years. However, it is obvious from the statement recorded
Patna High Court Cr.Misc. No.65936 of 2018(2) dt.22-11-2018 2/2 under Section 164 of the Cr.P.C. that the victim disclosed her age as 18 years whereas the court assessed her age as 19 years. Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 570 of 2018.
(Hemant Kumar Srivastava, J) shahzad/-rajeev U T