IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12370 of 2011
Mukesh Mochi @ Mukesh Kumar, S/O-Sri Ram Bali Ram
Versus
The State Of Bihar
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03 13.07.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 06.10.2010. in a case
registered under Sections 366 A, 363/34 of the Indian Penal Code.
The victim girl has already returned to her home and her
statement under Section 164 of the Cr.P.C. has been recorded. The
victim stated that she was forcibly taken away by petitioner and other
co-accused persons and after that she was confined and she was forced
to marry with petitioner. The victim girl was found aged about 11
years by the learned Magistrate who recorded the statement of victim
girl.
The contention of learned counsel for the petitioner is
that, as a matter of fact, victim was major at the time of the alleged
occurrence and she voluntarily solemnized her marriage with the
petitioner but subsequently, due to pressure of her parents, she took U-
turn and supported the prosecution story.
The perusal of impugned order as well as case diary
shows that the victim has not been medically examined on pretext of
defect of X-ray machine.
Therefore, considering the aforesaid facts and
circumstances as well as Annexures-2, 3, 4, 4(I) and 5 of this petition,
petitioner is directed to be released on bail on furnishing bail bonds of
2
Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each
to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna
in connection with Athmalgola P.S. Case No. 119 of 2010.
SHAHZAD ( Hemant Kumar Srivastava, J.)