Patna High CourtCR. MISC./39342/2015disposed

Chandan Sada @ Chandan Kumar Sada v. The State Of Bihar

2015-10-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39342 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Chandan Sada @ Chandan Kumar Sada, son of Raghubir Sada, Resident of Village- Goliya, P.S.- Singhia, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Narsing Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statement the victim got her age recorded as 14 years when the court assessed her age as 15 years though as per the medical opinion she was found to be 17 to 171/2 years of age. The victim girl in 164 Cr.P.C. statement stated that she was taken by the petitioner to his maternal grand mother's house where she was pressurized to perform marriage but the victim escaped from the clutches of the petitioner and reached the parents' house.

Patna High Court Cr.Misc. No.39342 of 2015 (2) dt.06-10-2015 2/2 It is submitted by the learned counsel for the petitioner that false and malicious accusation has been levelled. Considering the fact that the victim is minor, this court is not inclined to grant anticipatory bail to the petitioner. However, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Singhia P.S. Case No. 22 of 2015 pending in the court of learned SDJM, Rosera, Samastipur. This application is disposed of with the aforesaid observation/direction.

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