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Patna High Court - Orders

Guddu Kumar Yadav @ Chandan Yadav vs The State Of Bihar on 16 July, 2018

Author: Arun Kumar

Bench: Arun Kumar

        Patna High Court Cr.M isc. No.27884 of 2018 ( 4) dt.16-07-2018

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Criminal Miscellaneous No.27884 of 2018
                                Arising Out of PS.Case No. -451 Year- 2017 Thana -RAM NAGAR District-
                                                   WESTCHAMPARAN(BETTIAH)
                     ======================================================
                     1. Guddu Kumar Yadav @ Chandan Yadav, Son of Nagina Yadav,
                     Resident of Village- Yogia, P.S.- Ram Nagar, District- West Champaran at
                     Bettiah.                                .... .... Petitioner/s
                                                       Versus
                     1. The State of Bihar.                    .... .... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     : Mr. Mritunjay Kumar Sinha
                     For the Opposite Party/s   : Mr. Smt. Veena Kumari Jaiswal
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
                     ORAL ORDER

4    16-07-2018

Heard learned Counsel for the petitioner and the State.

Petitioner, already in custody since 18.4.2018, seeks bail in Ram Nagar PS Case No. 451 of 2017 registered under Sections 366A, 341, 323, 506, 120B of the IPC and Sections 8/12 of the Pocso Act.

Learned Counsel for the petitioner submits that it is a case is elopement as the girl herself has stated in her statement recorded under Section 164 Cr.P.C. that she eloped with the petitioner and married with him, it is also submitted that the girl is major as the Medical Board has assessed her age about 17 years and below 19 years.

Learned Counsel appearing on behalf of the State submits that the girl is minor, according to school certificate her age is 13 years and she herself has stated about her age as 17 years.

Having considered the said facts and circumstances, the petitioner, namely, Guddu Kumar Yadav @ Chandan Yadav is directed to 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 Additional Sessions Judge lst -cum- Special Judge (Pocso Act), Bagha, West Champaran in connection with Ram Nagar PS Case No. 451 of 2017.

Snkumar/-                                              (Arun Kumar, J)
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