IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20927 of 2010
KANHAI SAHANI
Versus
THE STATE OF BIHAR
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2 25.06.2010 Heard learned counsel appearing on behalf
of the petitioner and learned counsel appearing
on behalf of the State.
The petitioner is in custody in
connection with Dariyapur P.S. No. 25 of 2010
for offences punishable under Section 366(A)/34
of the Indian Penal Code.
Learned counsel for the petitioner
submits that records of the proceedings itself
demonstrates that the girl was major. He
further submits that the Court below has
noticed in the impugned order that the date of
birth entered in the certificate of the school
concerned is 5.2.1991 and which makes the girl
about 19 years. He further submits that the
girl herself admits to be 18 years of age. He
further submits that during the course of
supervision it appears that a love affair
between the petitioner and the victim girl has
come to light. It is further stated that the
medical officer has reported absence of recent
sexual intercourse and that even the girl had
2
admitted that there was no physical
relationship. He thus submits that no case
under Section 366A is made out against the
petitioner.
Having regard to the circumstances
aforesaid, let the petitioner namely,
Kanhaisahani be released on bail on furnishing
bail bonds of Rs. 10,000/- with two sureties of
the like amount to the satisfaction of learned
Chief Judicial Magistrate, Saran in connection
with Dariyapur P.S. case No. 25 of 2010.
Bibhash ( Jyoti Saran, J.)