Yashwant Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.66006 of 2018 (2) dt.22-11-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66006 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Yashwant Kumar S/o-Raj Narayan Sah, R/o Village-Bahlolpur, P.S.- Dhaka, Dist.-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22.11.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 366A and 504/34 of the IPC.

The statement of victim has been recorded under section 164 Cr.P.C in which she stated that the petitioner gave her telephonic call and on the call of the petitioner, she went to Dhaka from where she was taken to Motihari by the petitioner on bike. Subsequently, the petitioner handed over her to 4-5 boys who administered intoxicated items to her as a result of which she became unconscious. She further stated that when she regained her consciousness, she found herself at Ghorasahan railway station from where she was

Patna High Court Cr.Misc. No.66006 of 2018 (2) dt.22-11-2018 taken to her home by her father. Victim disclosed her age as 17 years whereas learned court, who recorded the statement of victim, assessed her age as 18 years. Moreover, submission on behalf of the petitioner is that the victim was in love with the petitioner but subsequently, due to pressure of her family, she retracted and gave statement against the petitioner who is languishing in jail custody since 27.7.2018.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sikrahana at Dhaka in Kundwa Chainpur P.S. Case no. 109/2018. shahid (Hemant Kumar Srivastava,J) U T