Dina Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28841 of 2015 Arising Out of PS.Case No. -214 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dina Sah son of Late Amar Sah resident of village - Shankar Saraiya, P.S. - Turkauliya, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-10-2015 Heard both sides.

The petitioner apprehends his arrest in Turkauliya P.S. Case No. 214/2015, registered for the offences punishable under Section 366A and 34 of the Indian Penal Code. The informant named four persons namely, Mukesh Kumar @ Birbal, Belash Sah, Dina Sah the petitioner and Raj Kumar Rastogi and alleged that they all kidnapped his minor daughter.

Two persons namely, Belas Sah and Raj Kumar Rastogi were chased and apprehended and they disclosed that Mukesh Kumar and Dina Sah, the petitioner took the victim to somewhere else.

Patna High Court Cr.Misc. No.28841 of 2015 (4) dt.12-10-2015 2/2 Learned counsel for the petitioner submits that the victim went along with Mukesh Kumar and solemnized marriage with her. The victim is a major one, the same would appear from the Adhar Card of the victim, but the learned counsel for the informant submits that the victim is a minor girl. Her date of birth in the school leaving certificate 12.09.2000. The victim is admittedly a minor and two apprehended accused very categorically stated that Mukesh Kumar and Dina Sah kidnapped the victim and took her to some unknown destination.

Considering the facts that the petitioner along with other accused persons are alleged to have kidnapped the minor girl, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the anticipatory bail petition is dismissed. (Prabhat Kumar Jha, J.) Vinita/- U T