Babu Hassan @ Babu Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16468 of 2016 Arising Out of PS.Case No. -206 Year- 2012 Thana -BARAULI District- GOPALGANJ ====================================================== Babu Hassan @ Babu Hussain Son of Ramjan Miya R/o Village Rajwahi Patiya, P.S. Jadopur, District Gopalanj .... .... Petitioner

Versus

1. The State of Bihar

2. Rabyea Khatoon Wife of Raja Hussain R/o Village Surwal, P.S. Barauli, District Gopalganj .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Umesh Kumar Singh, Advocate.

For the Opposite Parties : Ms. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2016 Heard both sides.

The petitioner apprehends his arrest in Barauli P.S. Case No. 206 of 2012, registered for the offences punishable under Sections 344, 366A, 373, 504 and 34 of the Indian Penal Code.

The victim alleged that while she was in school the petitioner took her on the pretext of marriage of his sister, but the petitioner took her somewhere else, solemnized marriage and established sexual relationship. Later on she was aborted and ousted.

It is submitted that petitioner has falsely been implicated in this case. The elder daughter of the petitioner was

Patna High Court Cr.Misc. No.16468 of 2016 (2) dt.12-05-2016 2/2 not ready to live with the petitioner.

Considering the facts aforesaid and the fact that the victim herself made statement under Section 164 of the Cr.P.C. reiterating the same facts and the victim is a minor girl, I am not inclined to enlarge the petitioner above named on anticipatory bail in Barauli P.S. Case No. 206 of 2012, pending in the court of the learned Chief Judicial Magistrate, Gopalganj. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T