Vinay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27002 of 2020 Arising Out of PS. Case No.-203 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== VINAY RAI Son of Late Stayanarayan Rai Resident of Village - Temhua, P.S. - Pupri, District - Sitamarhi.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-11-2020 . As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Mr. Atul Chandra, APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner apprehends arrest in Pupri PS Case No. 203 of 2019 registered under Sections 363 and 366/34 of the IPC.

Patna High Court CR. MISC. No.27002 of 2020(2) dt.06-11-2020 2/2 It is submitted by learned Counsel for the petitioner that the victim girl had in fact returned on her own and only under pressure and duress she has given her statement under Section 164 Cr.P.C. supporting the allegation of abduction for solemnising marriage with the petitioner. There was subsisting intimate relation of the victim with the petitioner and it is a case of false implication. After making such submission, learned Counsel for the petitioner submits that he will be raising all these issues when he approaches the court concerned for grant of regular bail. He seeks liberty to avail of such liberty after withdrawing the instant application.

In view of such submission this Court would only observe that withdrawal of the instant application may not be taken against the petitioner and the submissions are required to be considered by the court concerned on merit and in accordance with law. This application is disposed of.

(Madhuresh Prasad, J) SNkumar/- U T