Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27439 of 2022 Arising Out of PS. Case No.-108 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== MANOJ KUMAR Son of Ravindra Mahto Resident of Village - Khaira , P.s.- Saraiya, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 366(A) / 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 15.02.2020, in the night, daughter of the informant namely Kajal Kumari, aged about 16 years, went missing from her house. Upon search, the informant came to known that F.I.R. named accused persons including this petitioner have kidnapped her daughter for the purpose of marriage.

It is submitted on behalf of petitioner that petitioner was in love affairs with the daughter of the informant and has solemnized marriage in Narsingh Baba Mandir, Muzaffarpur on 16.02.2020. It is further submitted that when the victim became

Patna High Court CR. MISC. No.27439 of 2022(2) dt.14-11-2022 2/2 pregnant, she went to the doctor and represented herself to be wife of this petitioner and her age was written as 19 years on the receipt of hospital dated 09.10.2020, annexed as Annexure 3 to this petition.

However, learned A.P.P. for the State opposed the bail petition and submitted that victim, in her statement recorded under Section 164 Cr.P.C., has supported the prosecution case and stated that this petitioner, on the point of pistol, took her at some unknown place, kept her in a dark room and thereafter, tried to commit rape with her.

Considering the same, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T