SANTOSH SONAR @ SANTOSH VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned APP for the State. Sneha Kumari aged about 14 years was kidnapped by Santosh Sonar with the assistance of Narendra Goswami and for that Renu Devi, her mother has instituted this case.

(2.) It has been submitted on behalf of the petitioner that victim, Sneha Kumari was traced out and was accordingly examined under Section 164 Cr.P.C. wherein she stated that on her own volition, she had married with Santosh Sonar on 6.6.2013 at Ramrekha Ghat Temple, Buxar and since thereafter, the spouse left for Bangalore. After coming to know about the institution of case, they arrived here. She has volunteered her age to be of 17 years and the Court has also assessed her age to be of 17 years. It has also been submitted that during course of medical examination, her age has been assessed in between 16-17 years. The medical board was constituted on 20.12.2013 and having variance of two years, again the girl was found to be major.

(3.) In the aforesaid background, the victim being major as well as taking into account her statement under Section 164 Cr.P.C., petitioner be enlarged on bail. Learned counsel for the petitioner also placed reliance upon 2008 3 PLJR 267 & 2003 3 PLJR 291.