Sudesh Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55825 of 2015 Arising Out of PS.Case No. -223 Year- 2015 Thana -TAJPUR District- SAMASTIPUR ====================================================== Sudesh Kumar Sahni S/o Sita Ram Sahni, Resident of Village Harpur Bhindi, P.S. Tajpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Smt. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366A, 323 and 504/34 of the Indian Penal Code. The accusation is of abducting the minor daughter of the informant.

In 164 Cr.P.C. statement the victim has got her age recorded as 16 years when the court has assessed as such where she has stated that she was in love with the petitioner, but she was taken to Ludhiyana by the petitioner without her consent, though, she was married with the petitioner in the temple and again in the court.

Patna High Court Cr.Misc. No.55825 of 2015 (2) dt.15-12-2015 2/2 It is submitted by learned counsel for the petitioner that the registration card of the victim suggests that she is major. In 164 Cr.P.C. statement the court has assessed the age of the victim as 16 years where she has stated that she was in love with the petitioner. The victim has not alleged any sexual assault by the petitioner.

The aforesaid facts may constitute ground for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Tajpur P.S. Case No. 223 of 2015 pending in the court of learned Judicial Magistrate, Ist Class, Samastipur.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T