Patna High CourtCR. MISC./9096/2018rejected

Fulsan Kumar @ Fantus Kumar v. The State Of Bihar

2018-02-17Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9096 of 2018 Arising Out of PS.Case No. -299 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Fulsan Kumar @ Fantus Kumar S/o Chandeshwari Paswan, R/o VillagePermanandpur, P.S.-Bihariganj, District-Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-02-2018 Heard the learned counsel for the petitioner as well as learned Additional P.P.

The petitioner apprehends his arrest in connection Bihariganj P.S. Case No. 299/2017, instituted for an offence punishable under Sections 366(A)/34 of the Indian Penal Code. The victim, Kajal Kumari (a minor), was taken away by the petitioner along with Sinku Kumar while she was sleeping in the night of 16.10.2017 and for that the informant, uncle of the victim, has filed the instant prosecution. Learned counsel for the petitioner has submitted that the victim, during course of her statement recorded under Section 164 of the Cr.P.C., has shown inclination towards the petitioner by way of stating that she has married with him. It has also been

Patna High Court Cr.Misc. No.9096 of 2018 (2) dt.17-02-2018 2/2 submitted that the victim, during course of her statement recorded under Section 164 of the Cr.P.C., has shown her age to be 19 years. So, she happens to be major whereupon, the petitioner be released on an anticipatory bail.

The learned Additional P.P. has opposed the prayer. Considering the status of the victim to be minor, the petitioner does not deserve anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Aditya Kumar Trivedi, J.) Rakhi U T