Lalu Yadav @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11199 of 2020 Arising Out of PS. Case No.-319 Year-2019 Thana- RAJAON District- Banka ====================================================== Lalu Yadav @ Sumit Kumar S/o Walli Yadav Resident of Nawagarhi, Ram Sagar, P.S.-Rajaun, District-Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Rajaun P.S. Case No. 319 of 2019 registered for the offence under Sections 366/366(A)/120(B)/34 of the Indian Penal Code. As per the prosecution case, this petitioner is alleged to have kidnapped the minor daughter of the informant and forcibly solemnized marriage with her.

It is submitted on behalf of petitioner that petitioner has been falsely implicated by the informant. In fact, petitioner got married with one Rupa, daughter of Shridhar Prasad Yadav on 21-06-2019, not with daughter of the informant. It is further submitted that though, alleged date of occurrence is 25-06-2019 and the victim was recovered on 15-07-2019, but FIR has been

Patna High Court CR. MISC. No.11199 of 2020(6) dt.05-01-2021 2/2 lodged on 23-07-2019, without any plausible explanation for the delay.

However, learned A.P.P. for the State has vehemently opposed the bail application and submitted that the victim, in her statement recorded under Section 164 of the Cr.P.C., has fully supported the prosecution case and the learned court below has also assessed the age of the victim, as 16 years. Considering the aforesaid facts and circumstances and nature of allegation, the anticipatory bail application of petitioner is rejected.

(Prabhat Kumar Singh, J.) anay/- U T