Sunil Kumar @ Sunil Kumar Rai @ Sunil Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39896 of 2015 Arising Out of PS.Case No. -96 Year- 2014 Thana -TAJPUR District- SAMASTIPUR ====================================================== Sunil Kumar @ Sunil Kumar Rai @ Sunil Roy S/o Vijay Rai R/o VillageDharamagatpur Bathua, P.O. Dharamagatpur, P.S.

Pusa, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. Sunil Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for anticipatory bail in a case registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code. The accusation is of kidnapping the minor daughter of the informant. The informant claims the petitioner to be his maternal brother. The petitioner is not named in the First Information Report. The name of the petitioner sprang up in 164 Cr.P.C. statement of the victim where she stated that initially she was being kidnapped by this petitioner and one Savita Devi and thereafter the victim was forced to go to Delhi by train where the

Patna High Court Cr.Misc. No.39896 of 2015 (2) dt.24-02-2016 2/2 petitioner wanted to sell the victim. The victim has further admitted that she of her own married with one Ajay Kumar. It is submitted by learned counsel for the petitioner that the victim has filed a petition before the learned court below to the extent that she under some misconception named the petitioner in 164 Cr.P.C. statement. She married with Ajay Kumar of her own. It is further submitted that there is a child also out of the marriage performed between the victim and Ajay Kumar.

In view of this Court, the aforesaid facts constitute ground 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 Tajpur P.S. Case No. 96 of 2014 pending in the court of learned Chief Judicial Magistrate, Samastipur.

With the aforesaid observation, this application is disposed of.

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