Md. Rustam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16240 of 2021 Arising Out of PS. Case No.-732 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== Md. Rustam S/o Md. Iliyas Resident of Village- Sadatpur, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366(A), 120(B), 34 of the Indian Penal Code. It is alleged by the informant that her minor daughter has been kidnapped by the petitioner and

Patna High Court CR. MISC. No.16240 of 2021(2) dt.08-12-2021 2/2 others for forcefully solemnizing marriage with her after conversion of her religion. From perusal of the lower Court record, it appears that statement of the victim has been recorded under Section 164 Cr.P.C wherein her age has been assessed to be 15 years and in such statement, the victim has unequivocally supported the factum of occurrence and specifically attributed the allegation against the petitioner.

Considering the fact that victim is minor and the thrust of accusation is against the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. (Sunil Kumar Panwar, J) Shageer/- U T