Md. Ejajul @ Ejajur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18564 of 2017 Arising Out of PS.Case No. -795 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Md. Ejajul @ Ejajur Son of Feku Miyan, Resident of Village-Gamraho P.S. Mahishi, District-Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-07-2017 Heard both sides.

The petitioner apprehends his arrest in Sadar P.S. Case No. 795/2016, registered for the offences punishable under Sections 363, 366A, 34 of the Indian Penal Code. The informant alleged that the petitioner kidnapped her minor daughter for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner has already solemnized marriage with the victim, but from perusal of the statement made under Section 164 Cr.P.C, it appears that the victim disclosed that she was forcibly kidnapped and the petitioner established physical relation with the victim (minor girl).

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.18564 of 2017 (5) dt.11-07-2017 2/2 enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that the victim and the petitioner have already solemnized marriage.

(Prabhat Kumar Jha, J.) Vinita/- U T