Kaviraj Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41167 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Kaviraj Bharti son of late Basdeo Bharti, resident of Panapur, P.S.- Rajepur, District- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-10-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.
The prosecution case is of kidnapping the minor daughter of the informant. In 164 Cr.P.C statement the victim got her age recorded as 15 years, whereas learned Court below also assessed as such, where she stated that she was being kidnapped by the petitioner, co-accused Wiresh Kumar and Sonu Kumar when she was first taken to the house of petitioner and thereafter to the house of co-accused Sonu Kumar where she was confined for several days. It is submitted by learned counsel for the petitioner that victim was in love with co-accused Sonu Kumar and 164 Cr.P.C statement of the victim reflects that she stayed in the house of co-accused Sonu Kumar for several
Patna High Court Cr.Misc. No.41167 of 2015 (2) dt.07-10-2015 2/2 days.
A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the thrust of accusation against co-accused Sonu Kumar, it is a case for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Rajepur P.S. Case No. 36 of 2015, pending in the Court of learned Judicial Magistrate, Sikrahana at Dhaka, East Champaran.
With the observations above, the application stands disposed off.
(Dinesh Kumar Singh, J) Shageer/- U T