Patna High CourtCR. MISC./20704/2020dismissed

Chhotu Kumar @ Chhotu Yadav v. The State Of Bihar

2021-02-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20704 of 2020 Arising Out of PS. Case No.-201 Year-2019 Thana- RAJAON District- Banka ====================================================== CHHOTU KUMAR @ CHHOTU YADAV Son of Sri Anil Yadav Resident of Village- Khara, Mirjapur, P.S. and P.O.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Patil, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2021 Heard Mr. Sandip Patil, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Rajoun P.S. Case No. 201 of 2019 dated 18.05.2019 instituted for the offence under Section 366 of the Indian Penal Code.

The allegation against him is of having kidnapped a 23 year old married woman with two children. Though the allegation is based on suspicion in the mind of the mother of the victim but as on date, as it appears from the investigation papers, the victim woman has not been located.

Apart from this, this Court has found that there is a specific pleading that the petitioner at the

Patna High Court CR. MISC. No.20704 of 2020(4) dt.22-02-2021 2/2 relevant time was only 17 years of age.

In that view of the matter, if the petitioner is a juvenile and has been made accused in a case of heinous offence, a different assessment is required to be made by the Juvenile Justice Board. Even otherwise, the petition before this Court is not maintainable. Considering this aspect of the matter, the petition for anticipatory bail is rejected.

It would be open for the petitioner to approach the appropriate court/Juvenile Justice Board to seek relief.

(Ashutosh Kumar, J) krishna/- U T