Sikindar Yadav @ Sikindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31001 of 2016 Arising Out of PS.Case No. -83 Year- 2016 Thana -BIRAUL District- DARBHANGA ====================================================== Sikindar Yadav @ Sikindra Yadav Son of late Dukha Yadav, Resident of Village- Chatra, P.S. Jamalpur (Brgaon O.P), District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Girish Chandra Jha, Advocate For the Opposite Party : Mr. Ambika Bhagat (APP247) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-08-2016 Heard the counsel for the petitioner and Mr. Ambika Bhagat, APP for the State.

The petitioner herein seeks anticipatory bail in Biroul P.S. Case No. 83 of 2016, registered under Sections 363,366,497,498/34 of the Indian Penal Code In short, the prosecution case is that the married daughter of the informant was forcibly kidnapped by the petitioner and kept in the house of his sister. A request was made to release her which was refused.

Contention of the petitioner is that the victim lady is major. In her statement under Section 164 Cr.P.C., she has not supported the prosecution case.

On the contrary learned APP submits that the victim

Patna High Court Cr.Misc. No.31001 of 2016 (3) dt.16-08-2016 2/2 was medically examined and her age was assessed between 17-18 years. The victim was married from before. In course of investigation, witnesses have supported the prosecution case. In my view, it is not a case where the petitioner can be extended the privilege of anticipatory bail. The application is dismissed.

(Kishore Kumar Mandal, J.) ravi/- U T