Nageshwar Rajak @ Nago Rajak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24147 of 2017 Arising Out of PS.Case No. -171 Year- 2015 Thana -PANDARAK District- PATNA ====================================================== Nageshwar Rajak @ Nago Rajak Son of Late Sheo Rajak, Resident of Village- Mekara, P.S.- Mokama, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kiran Kumari, W/o Shambu Ram, Resident of Village- Mamarkhabad, P.S.- Pandarak, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Onkar Nath For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Pandarak P.S. Case No. 171 of 2015 registered for offences under sections 363 and 365 of the Indian Penal Code and later on added Sections 366 and 366A of the Indian Penal Code.

As per allegation, the minor girl was kidnapped by the petitioners and others and she was taken by Chandan Kumar and Shambhu Kumar and there Chandan Kumar had threatened for the consequence unless she entered into marriage, under threat she entered into marriage, the brother of Shambhu, namely, Pintu gone

Patna High Court Cr.Misc. No.24147 of 2017 (4) dt.25-08-2017 to Surat and brought her back which is the statement of girl. As per own statement of the girl she is 12 years of age but the assessment shown to be 13 years.

Learned counsel for the State submits that there is a marriageable age, she was minor, the consent does not have meaning in the eye of law.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Nageshwar Rajak @ Nago Rajak is rejected.

If the petitioner surrenders before the court below within a period of six weeks from today and prays for bail, the court below, on the day of surrender itself, will pass orders in accordance with law without being prejudiced by this order. (Shivaji Pandey, J) Rishi/- U T