Patna High CourtCR. MISC./75574/2018bail rejected

Meghnath Paswan @ Medhnath Paswan v. The State Of Bihar

2019-01-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75574 of 2018 Arising Out of PS. Case No.-191 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== MEGHNATH PASWAN @ MEDHNATH PASWAN S/o Jitan Paswan R/o Vill Budhna,P.S. Chiraiya,Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the IPC. The prosecution case as per the written report of Maksud Rahman submitted to the SHO, Chiraiya Police Station is to the effect that on 30.5.2018 at 8 P.M., the minor daughter of the informant, namely, Sabina Khatoon went outside to ease, in the meantime, she was being kidnapped by the petitioner and coaccused Biltu Sah on a motorcycle. In the statement under Section 164 of the Cr.P.C. the victim has got her age recorded as 13 years whereas the Court has assessed her age as 16 years and the victim has further stated that she was being forcefully got seated on the motorcycle and the co-accused Biltu Sah ravished her.

Patna High Court Cr.Misc. No.75574 of 2018(2) dt.15-01-2019 2/2 It is submitted by learned counsel for the petitioner that the victim had love affair with co-accused Biltu Sah. Considering the accusation in the FIR as well as the statement of victim under Section 164 Cr.P.C. where the accusation of kidnapping the minor daughter of the informant has been levelled against the petitioner also, this Court is not inclined to grant anticipatory bail to the petitioner in connection with Chiraiya P.S. Case No.191 of 2018 pending in the Court of the learned CJM, Motihari, East Champaran.

This application is, accordingly, dismissed.

(Dinesh Kumar Singh, J) anil/- U