Patna High CourtCR. MISC./39775/2016rejected

Ganesh Kumar Ray @ Ganesh Ray v. The State Of Bihar

2016-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39775 of 2016 Arising Out of PS.Case No. -111 Year- 2014 Thana -BARSOI District- KATIHAR ======================================================

1. GANESH KUMAR RAY @ GANESH RAY son of Late Shankar Roy, Resident of Village- Gulbagh Ram Raj Chowk, Mal Pump, P.S.- Sadar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.

The petitioner apprehends his arrest in Barsoi P.S. Case No. 111 of 2014, registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code. The informant alleged that his daughter had gone to school but she did not return. The informant suspected that the petitioner has kidnapped his daughter. The victim was recovered and she made her statement under Section 164 of the Cr.P.C. It is submitted that the victim was love affair with the petitioner. She used to send love letters to him. The petitioner also solemnized marriage with the victim.

It appears from perusal of the statement of the victim

Patna High Court Cr.Misc. No.39775 of 2016 (2) dt.20-09-2016 2/2 made under Section 164 of the Cr.P.C. that the victim was minor and she has very categorically stated that while she was returning from School, the petitioner and two unknown ladies kidnapped her and took her to Bhagalpur. After putting intoxication, the petitioner again took her to Delhi.

Considering the facts aforesaid and the fact that specific allegation is made against the petitioner that he kidnapped the victim, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi U T