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Patna High CourtCR. MISC./15209/2018dismissed

Rakesh Mandal @ Ram Kumar Singh v. The State Of Bihar

2018-04-12Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15209 of 2018 Arising Out of PS.Case No. -6 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Rakesh Mandal @ Ram Kumar Singh, S/o Satya Narayan Mandal, R/o Village- Dhaniya Gadhiya, P.S.- Rajoun, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Amarpur P.S. Case No. 06 of 2016 instituted for the offence under Sections 363 and 366(A)/34 of the Indian Penal Code.

It is alleged in the written report that minor daughter of the informant namely, Jyoti Kumari, aged about 14 years had gone for tuition but did not return. Thereafter, the informant contacted friend of her daughter namely, Nitu Kumari, aged about 14 years, who had accompanied the daughter of informant for tuition, and learnt that she has also not come to the house. Both are students of Class-X. The informant, later on, came to know that Mannu Kumar Singh who gives Karate training to the students is also not available in the house. The informant raised

Patna High Court Cr.Misc. No.15209 of 2018 (2) dt.12-04-2018 2/3 suspicion that Mannu Kumar Singh along with his associates has taken away both the students for performing marriage with them. The victim girl namely, Jyoti Kumari and her friend Nitu Kumari have been recovered and have given their Statement under Section 164 Cr. P.C.

The victim Joyti Kumari has stated in her statement recorded under Section 164 Cr. P.C. that she had voluntarily gone with Mannu Kumar Singh. She has performed marriage with him in temple and started living as husband and wife. The other victim Nitu Kumari has given her Statement under Section 164 Cr. P.C. wherein she has stated that this petitioner has given juice to drink and, thereafter, she felt headache. The petitioner took her in Tempo and when she regained her sense, she found herself in a room. She further stated that petitioner has confined her in a room for about eight days. Thereafter, on one night, he brought her out from the room and left her to the Station in a train and came to Bhagalpur. He told her to stay at Jagdishpur Station and went for bathroom, but did not return. She, thereafter, telephoned her Bhua who lives in Jagdishpur. She came and took her on Tempo. In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Patna High Court Cr.Misc. No.15209 of 2018 (2) dt.12-04-2018 3/3 Petitioner may surrender before the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T