Patna High Court - Orders
Dhananjay Singh @ Buddhu Singh @ Buddu ... vs The State Of Bihar on 23 November, 2016
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50210 of 2016
Arising Out of PS.Case No. -62 Year- 2016 Thana -AKBARNAGAR District- BHAGALPUR
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DHANANJAY SINGH @ BUDDHU SINGH @ BUDDU SINGH
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Md. Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 23-11-2016Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is languishing in custody since 09.07.2016 in a case registered for the offences punishable under Section 376 of the Indian Penal Code.
The prosecution case is that the victim girl Sangita Kumari, who is the informant, alleged that on the pretext of marriage, the petitioner enticed her away and had established relationship and later on refused to marry her.
Learned counsel for the petitioner submits that no case under Section 376 is made out against the petitioner as it was a consented relationship as stated by the informant herself in her statement under Section 164 of the Cr. P. C. On refusal of marriage by the petitioner, this present case has been lodged. It has Patna High Court Cr.Misc. No.50210 of 2016 (2) dt.23-11-2016 2/2 further been submitted that the petitioner on her showing in the F.I.R. stated her age as 19 years and also stated in her statement under Section 164 that she is 19 years of age, although, the learned Magistrate has assessed her age as 17 years.
However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.
Considering the materials on record as well as the period of custody, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st , Bhagalpur in connection with Akbarnagar P.S.Case No. 62 of 2016.
(Nilu Agrawal, J) Sudha/-
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