Rudal Sharma @ Rudhal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4891 of 2017 Arising Out of PS.Case No. -276 Year- 2013 Thana -PARWATTA District- KHAGARIA ======================================================

1. Rudal Sharma @ Rudhal Sharma, S/o Ramanand Sharma, Resident of Village- Indira Nagar Rupauli, P.S.- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2017 The matter was on board but the same has been taken up on the slip filed by learned counsel for the petitioner. Heard learned counsels for the petitioner and the State. The petitioner has renewed the 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 abducting the minor niece of the informant.

In 164 Cr.P.C. statement, the victim got her age recorded as 15 years where she stated that she was being abducted by co accused Pankaj Sharma, Sudhir and the petitioner and thereafter they all established forceful physical relationship with her. As per the medical opinion, the age of the victim has been assessed between 16 to 17 years.

Patna High Court Cr.Misc. No.4891 of 2017 (2) dt.28-06-2017 2/2 It is submitted by learned counsel for the petitioner that the victim has married with co-accused Pankaj Sharma. Pankaj Sharma has been granted regular bail by a bench of this court vide order dated 12.10.2015 in Cr. Misc. No. 35346 of 2015 though the thrust of accusation is against Pankaj. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, the informant has entered into compromise with the petitioner.

Be that as it may, this court is not inclined to revise the earlier order on the basis of compromise in a non-compoundable offence. However, let the learned court below consider the prayer of the petitioner for regular bail in case the petitioner surrenders within six weeks from today and pray for bail in connection with Parbatta P.S. Case No. 276 of 2013 pending in the court of learned C.J.M. Khagaria keeping in view that Pankaj Sharma, the main accused has been granted regular bail by a bench of this court. With the aforesaid observation/direction, this application stands disposed of.

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