Ramesh Mukhiya @ Bhulla v. The State Of Bihar

Patna High Court Cr.Misc. No.12243 of 2016 (2) dt.16-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12243 of 2016 Arising Out of PS.Case No. -242 Year- 2015 Thana -BAHERI District- DARBHANGA ====================================================== Ramesh Mukhiya @ Bhulla, son of Magnu Mukhiya, resident of village - Guara, Police Station - Baheri and District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 366/34 of the Indian Penal Code registered in connection with Baheri P.S. Case No. 242 of 2015.

3. It is submitted that the petitioner has been falsely implicated. The F.I.R. has been instituted after delay of four days on 20.11.2015 for the alleged occurrence of 18.11.205 without explanation for the delay. It is submitted that the so-called victim girl got married to the petitioner against the wishes of their parents.

4. Considering the statement of the victim girl recorded under Section 164 Cr. P.C. wherein her age has

Patna High Court Cr.Misc. No.12243 of 2016 (2) dt.16-03-2016 been assessed as 15 to 15 1⁄2 years and she has categorically asserted that the petitioner along with other persons have forcibly taken her away, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. (Vikash Jain, J) Md. Ibrarul/- U T