Rudal Sharma @ Rahul Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19845 of 2014 Arising Out of PS.Case No. -276 Year- 2013 Thana -PARWATTA District- KHAGARIA ====================================================== Rudal Sharma @ Rahul Sharma .... .... Petitioner/s
Versus
The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-03-2015 Perused the report of S.P., Khagaria.
Abhinandan Kumar Singh, A.S.I. of Parbatta police station has produced the original case diary of Parbatta P.S. Case No. 276 of 2013.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.
The accusation is of abducting the minor niece of the informant.
In 164 Cr. P.C. statement, the victim got her age recorded as 15 years where she stated that she was being abducted by Pankaj, Sudhir and the present petitioner and thereafter they all established forceful physical relationship with her. As per the medical opinion, the age of the victim has been assessed between 16 to 17 years.
It is submitted by learned counsel for the petitioner that
Patna High Court Cr.Misc. No.19845 of 2014 (6) dt.23-03-2015 2/2 the victim is still residing with Pankaj Kumar. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the 164 Cr. P.C. statement of the victim, this Court is not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for bail is rejected in connection with Parbatta P.S. Case No. 276 of 2013 pending in the court of learned CJM, Khagaria.
Let the original case diary of Parbatta P.S. Case No. 276 of 2013 be handed over to the concerned A.S.I. Let the case dairy on record be remitted back. The personal appearance of Abhinandan Kumar Singh, A.S.I., of Parbatta police station is dispensed with. (Dinesh Kumar Singh, J) Amrendra/- U T