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Patna High CourtCR. MISC./39496/2016rejected

Chandan Kumar v. The State Of Bihar

2016-09-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39496 of 2016 Arising Out of PS.Case No. -206 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Chandan Kumar, son of Mahendra Paswan Roesident of village- Repura, P.S. Daudnagar District- Aurangabad (Bihar), at present - village - Dahibari, P.O. Chirkund, District Dhanbad (Jharkhand).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kamlendra Pd. Singh, Advocate.

For the Opposite Party : Mr. Asharaf Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2016 Heard both sides.

The petitioner apprehends his arrest in Daudnagar P.S. Case No. 206 of 2015 registered for the offences punishable under Sections 147, 149, 379 and 366(A) of the Indian Penal Code. The informant alleged that his daughter aged 17 years left her house with cash of Rs. 45,000/- and ornaments worth Rs. 1,50,000/-. During course of search the informant came to know that the petitioner and his family members enticed his daughter. Learned counsel for the petitioner submits that the victim voluntarily left her house and solemnized marriage with the petitioner. She is still living in Dhanbad along with her husband, the petitioner but it appears that the victim appeared in court on 20th November, 2015 and made her statement under Section 164

Patna High Court Cr.Misc. No.39496 of 2016 (2) dt.17-09-2016 2/2 Cr.P.C. and disclosed her age to be 23 years. The victim made very specific allegation that the petitioner kidnapped her and also committed rape with her.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

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