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Patna High CourtCR. MISC./69371/2018bail granted

Anuj Kumar v. The State Of Bihar

2018-11-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69371 of 2018 Arising Out of PS. Case No.-368 Year-2018 Thana- BUXAR District- Buxar ====================================================== Anuj Kumar, S/o Baban Ram, Resident of Village-Chhatanvar, P.S.-Krishna Braham, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Roy, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP For the Informant : Mr. Abhijeet Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-11-2018 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. Petitioner seeks bail in Buxar (T) P.S. Case No. 368 of 2018 instituted for the offence under Section(s) 366-A, 120-B Indian Penal Code.

Counsel for the petitioner submits that statement of victim girl has been recorded under Section 164 Cr.P.C., wherein, she has stated that she was in love with this petitioner and both were having physical relationship for the last 3 years. She has also performed marriage with the petitioner. She has stated her age as 17 years and the court has assessed her age 17 years.

Counsel for the informant submits that as per

Patna High Court Cr.Misc. No.69371 of 2018(2) dt.30-11-2018 2/2 matriculation certificate, victim girl is minor girl. Counsel for the petitioner submits that victim was medically examined and the Medical Board has assessed her age as 19-20 years. The statement of victim girl and report of Medical Board have been annexed as Annexure-2 and 3. Petitioner is in custody since 23.09.2018.

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 Chief Judicial Magistrate, Buxar, in connection with Buxar (T) P.S. Case No. 368 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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