Nanhe Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31996 of 2016 Arising Out of PS.Case No. -333 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================

1. Nanhe Kumar Yadav Son of Jitendra Prasad Yadav alias Jitendra Yadav, resident of Mohalla- Near Mahananda Colony, Police Station Nagar, Shayak, in the District of Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Pd. Yadav, Advocate For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A of the Indian Penal Code. The prosecution case is that the petitioner used to tease the minor daughter of the informant Puja Kumari @ Rupa Kumari. On 10.05.2016 at 7.00 P.M. Puja Kumari @ Rupa Kumari went missing. Subsequently, it was found that she talked on mobile no. 7050794914 which was found registered in the name of the petitioner. The impugned order reflects that on recovery in 164 Cr.P.C. statement she has stated that she has been abducted by the petitioner, who ravished her.

Patna High Court Cr.Misc. No.31996 of 2016 (4) dt.08-09-2016 It is submitted by the learned counsel for the petitioner that the conduct of the victim suggests that it was a consented elopement.

Considering the nature of accusation and 164 Cr.P.C. statement of the victim girl, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the bail application is dismissed.

(Dinesh Kumar Singh, J) P.K./- U T