Raushan Viswash @ Raushan @ Raushan Kumar @Raushan Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38550 of 2015 Arising Out of PS.Case No. -221 Year- 2014 Thana -BIHRA District- SAHARSA ====================================================== Raushan Viswash @ Raushan @ Raushan Kumar @raushan Kamat Son of Ravindra Vishwas Resident of Village - Sihaul, P.S.- Bihra, District - Sasaram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A/34, 376, 120B of the Indian Penal Code and Section 4 of POCSO Act.

The accusation is of kidnapping the minor daughter of the informant.

In 164 Cr.P.C. statement the victim has got her age recorded as 14 years when the court has assessed as such where the victim has suggested that she was being kidnapped when co-accused Paras established forceful physical relationship with her. The victim has

Patna High Court Cr.Misc. No.38550 of 2015 (2) dt.24-09-2015 2/2 named this petitioner as a friend of Paras, who was there sometime in the vehicle through which the victim was abducted. Considering the fact that the thrust of accusation is against co-accused Paras, statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent and the FIR named accused persons have been granted anticipatory bail, it is a case for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Bihra P.S. Case No. 221 of 2014 pending in the court of learned Chief Judicial Magistrate, Saharsa. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T