Arjun Rai @ Arjun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30000 of 2014 Arising Out of PS.Case No. -26 Year- 2013 Thana -ANGARGHAT District- SAMASTIPUR ======================================================

1. Arjun Rai @ Arjun Kumar Rai Son of Dular Chandra Rai Resident of Village Birama Tola- Manna, Police Station - Angarghat, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Chandra Bose, Advocate For the Opposite Party/s : Mr. Ramchandra Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366, 366A/34 of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant and establishing forceful physical relationship. Though the petitioner was named in the First Information Report and the victim in her statement under Section 164 Cr.P.C. stated that the petitioner was one of the persons who kidnapped her but subsequently established forcibly physical relationship by Manjay Kumar. The victim has got her age recorded as 19 years whereas the Court assessed as 17 years. As per the medical report the victim was found between

Patna High Court Cr.Misc. No.30000 of 2014 (4) dt.06-02-2015 18-19 years.

It is submitted by the learned counsel for the petitioner that the victim married with Manjay Kumar and Manjay Kumar has been granted regular bail vide Cr. Misc. No. 35581 of 2013, whereas the petitioner was not sent up for trial and charge-sheet has been submitted only against Manjay Kumar. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Angarghat P.S. Case No. 26 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T