Ramesh Kumar @ Ramesh Yadav @ Ranjeet Kumar Yadav @ Jitendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27032 of 2015 (4) dt.24-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27032 of 2015 Arising Out of PS.Case No. -53 Year- 2012 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramesh Kumar @ Ramesh Yadav @ Ranjeet Kumar Yadav @ Jitendra Kumar S/o Ram Sweak Rai resident of village - Rajepur, P.S. Rajepur, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiva Shankar Sharma For the Opposite Party : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Rajepur P.S.Case No.53 of 2012 instituted under Sections 120(B), 363 and 366(A)/34 of the Indian Penal Code pending in the Court of SDJM, Sikrahna at Motihari.

It is alleged by the informant that on 24.05.2012 the informant's daughter Rakhi Kumari aged about 15 years who is student of Class-Xth, had gone to teach tuition but she could not return back to her house. Thereafter, the informant started searching his daughter and came to know that this petitioner along with co-accused persons have kidnapped his minor daughter and they carried her to Delhi. The accused persons also used to give

Patna High Court Cr.Misc. No.27032 of 2015 (4) dt.24-09-2015 threatening to the informant on his mobile.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. No offence under Section 366A of the Indian Penal Code is made out. From perusal of the medical report of the victim it is evident that her age is assessed to be 19 to 20 years.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected. Any how, if the petitioner surrenders in the court below within a period of four weeks and pray for regular bail, same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sudhir Singh, J) B.Kr./- U T