Patna High CourtCR. MISC./15696/2018rejected

Ram Pravesh Paswan v. The State Of Bihar

2018-04-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15696 of 2018 Arising Out of PS.Case No. -178 Year- 2007 Thana - GARAUL District- VAISHALI(HAJIPUR) ===================================== Ram Pravesh Paswan S/o Raju Paswan, R/o VillageSadhupuri Jiwan (Satpura), P.S.- Goroul, Distt.- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Sri Asharaf Ansari ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 The petitioner seeks bail in anticipation of his arrest in connection with Goraul P.S. Case No. 178 of 2007 dated 21.08.2007 instituted for the offences under Sections 366, 366(A)/34 of the Indian Penal Code.

The petitioner, who was a tutor of the daughter of the informant is alleged to have kidnapped her. The victim girl is stated to be 15 years of age.

Learned counsel for the petitioner has submitted that during the course of investigation, it came to light that the petitioner had developed an affair with his pupil(daughter of the informant) with whom he married and while they had gone to Kerela post their marriage, the daughter of the informant died. An U.D. case was also registered with respect to her death in Kerela.

Patna High Court Cr.Misc. No.15696 of 2018 (3) dt.05-04-2018 2/2 It has been submitted on behalf of the petitioner that the father of the victim girl has wrongly recorded the age of his daughter to be 15 years and that without any reasonable explanation, F.I.R has been lodged after an unusual delay. However, considering the fact that the daughter of the informant was only 15 years of age and, therefore, no marriage could have been contracted with her, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner.

The prayer for grant of anticipatory bail to the petitioner is, therefore, rejected.

(Ashutosh Kumar, J) Shageer/- U T