RANJIT KUMAR SONI v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s: ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH Mr. Rajive Ranjan Singh Mr. Harendra Prasad ORAL ORDER 2 07-06-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today. Heard learned counsel for the parties. The petitioner seeks anticipatory bail in connection with Kahalgaon P.S. Case No. 323/2021, registered for the offences under Sections 366A, 504, 506/34 of the Indian Penal Code . The learned counsel for the petitioner submits that the so- called victim had love affairs with petitioner and she voluntarily went along with the petitioner for marrying the petitioner and presently she is living with the petitioner. It is further stated that so-called victim’s statement has been recorded under Section 164 Cr.P.C. in which she has denied the allegation of F.I.R. and accepted petitioner’s relationship as her husband and in the medical examination, the age of victim girl was Patna High Court CR. MISC. No.61081 of 2021(2) dt.07-06-2022 found above 18 years and the Magistrate concerned assessed the age of victim girl as 19 years while the learned court below denied the privilege of bail to the petitioner mainly on the ground of minority of the said victim. Learned Additional Public Prosecutor opposes the prayer for anticipatory bail. Having considered the above submissions and paragraph- 7 of the impugned order, which is relvant to the above submissions of learned counsel in my view the petitioner deserve to lenient ap- proach, let the petitioner above named, in the event of his arrest/sur- render within four weeks from today in the court below, 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 Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 323 of 2021, subject to the conditions as laid down un- der Section 438 (2) of the Code of Criminal Procedure. (Shailendra Singh, J) kamlesh/- U T