Sunny Kumar @ Sanni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18297 of 2024 Arising Out of PS. Case No.-487 Year-2023 Thana- SONEPUR District- Saran ====================================================== Sunny Kumar @ Sanni Kumar S/o- Jhimi Mahto Village- Rayhasanpur Chaitola Police Station-Kadamkuan District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rashid Zafar For the Opposite Party/s :
Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366(A) and 34 of the Indian Penal Code.
3. In the nature of allegation as alleged in the F.I.R., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner for the reason that it has been recorded in the order impugned that the victim in her statement recorded under section 161 Cr.P.C. has stated that she has married the petitioner though in her statement recorded under section 164 Cr.P.C. she has not supported the case of the prosecution but then the same is obvious for the reason that the victim and petitioner, who is a major were in love and they have performed
Patna High Court CR. MISC. No.18297 of 2024(2) dt.02-04-2024 2/2 their marriage but then it is not in dispute that the victim is a minor and her age as disclosed in the F.I.R. is 16 years though the learned Magistrate has assessed her to be of 15 years, hence the victim is of impressionable age and marrying a minor in itself is an offence.
4. Accordingly, the anticipatory bail application of the petitioner is rejected.
(Satyavrat Verma, J) amit/- U T