Petitioner in jail custody for SECTION 366A/120B IPC charges filed bail application. Court granted bail noting victim recovered by father and no accusation of sexual exploitation. Conditions imposed.
Release on bail with bonds of Rs 10,000 with two sureties of like amount to Sri M. Mishra Judicial Magistrate, Ist Class, Jhanjharpur.
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Patna High Court Cr.Misc. No.27280 of 2016 (3) dt.25-07-2016
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27280 of 2016
Arising Out of PS.Case No. -3 Year- 2016 Thana -RUDRAPUR District- MADHUBANI ====================================================== Baidya Nath Kumar Yadav son of Sri Krishndeo Yadav resident of village Barsam PS Rudrapur Dist. Madhubani .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s :Mr. S.Dayal(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 25.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner is in jail custody since 9.1.2016 in a case registered under sections 366A, 120B of the Indian Penal Code.
Petitioner is named in the first information report with accusation that he took minor girl of the informant but admittedly, in course of investigation, victim was recovered and her statement under section 164 Cr.P.C was recorded.
Although victim stated that she was taken away by the petitioner but she admitted in her statement that it was father of the petitioner who dropped her back at her home and after that her statement was recorded. Furthermore, it would appear from perusal of annexure 3 that Medical board found the victim aged about 17 years.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that victim
Patna High Court Cr.Misc. No.27280 of 2016 (3) dt.25-07-2016
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has, nowhere, made complain of her sexual exploitation at the hand of the petitioner, 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 Sri M. Mishra, Judicial Magistrate, Ist Class, Jhanjharpur District Madhubani in Rudrapur P.S. Case no. 03/2016.
shahid
U T
(Hemant Kumar Srivastava,J)
2 issues framed by the court
Whether petitioner is eligible for bail given the victim recovered the situation and no complaint of sexual exploitation was made against him.
Whether the bail bond amount and surety requirements are appropriate in these circumstances.
Baidya Nath Kumar Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
