Amit Kumar Pandey vs State of Jharkhand

Jaya Roy, J.—Heard the counsel for petitioner and counsel for the State. The petitioner is an accused in this case registered under Sections 363, 366A of the I.P.C., pending in the Court of District & Sessions Judge, Godda.

Counsel for the petitioner has submitted that the victim girl has made her statement recorded u/s 164, Cr. P. C, in which, she has admitted that she went with the petitioner according to her own wish. It is also submitted that she has already married with the present petitioner and she wants to live with the present petitioner. It is further contended that the girl has stated her age as 19 years and the Court has assessed her age as 17 years.

Counsel for the State has submitted that it has come in the school certificate that her age is 15 1/2 years only. Considering the facts and circumstances of the case and also considering the statement made by the victim girl recorded u/s 164 of the Cr. P. C, the petitioner, namely Amit Kumar Pandey is directed to be released on bail, on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of the Court below/District and Sessions Judge, Godda, in connection with Pathargama P.S. Case No. 173 of 2012, corresponding to GR. No, 1530 2012 (ST. No. 22 of 2013), subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the district concerned.