Chandan Singh @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30996 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== CHANDAN SINGH @ CHANDAN KUMAR Son of Sampat Kumar Resident of Village - Rahua, P.S.- Lakhisarai, District - Lakhisarai (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nakul Kumar Jamuar, Advocate.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-01-2022 Heard Mr. Nakul Kumar Jamuar, learned Advocate 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 Kasim Bazar P.S. Case No. 185 of 2020 instituted for the offence under Section 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.
The allegation against the petitioner is of having abducted the minor daughter of the informant. The victim has given her statement under Section 164 Cr.P.C. in which she has disclosed her age to be 15 years. However she has stated that she had married the petitioner of her own volition and not on any threat or coercion by the petitioner.
Be that as it may, considering the fact that the victim
Patna High Court CR. MISC. No.30996 of 2021(2) dt.19-01-2022 2/2 is a minor girl and the petitioner has chosen to marry her, I am not inclined to grant anticipatory bail to him. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, the above noted facts as also that the petitioner as well as the informant are some way or the other related to each other shall be taken into consideration and an order shall be passed in accordance with law without being prejudiced by the fact that the present anticipatory bail application on his behalf has not been entertained. The application stands dismissed.
(Ashutosh Kumar, J) mantreshwar/- U T