Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66766 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Chhotu Kumar, Son of Basudeo Mahto, Resident of Village- Sarwarpur, P.S. Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2018 The petitioner seeks regular bail in connection with Tariyani P.S. Case No. 131 of 2018, registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of kindapping the minor daughter of the informant.

It has been submitted on behalf of the petitioner that the statement of girl under Section 164 Cr.P.C. has been recorded, in which, she has categorically stated that she has performed marriage with the petitioner and she disclosed her age to be 18 years and the court below has also assessed her age as 18 years. Further petitioner has no criminal antecedent and has been in judicial custody since 22.08.2018.

Patna High Court Cr.Misc. No.66766 of 2018(2) dt.26-11-2018 2/2 learned counsel for the State and informant opposed the prayer for bail and submitted that the girl is minor and the statement of a minor is of no value.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Tariyani P.S. Case No. 131 of 2018, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T