Vicky Kumar @ Dev Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36758 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -MASAURHI District- PATNA ======================================================

1. Vicky Kumar @ Dev Sharma, son of Raj Kumar Sharma, resident of village - Khagri Road, Guldak Mandir, P.S. and P.O. Danapur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saket Anand, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Masaurhi P.S. Case No.198 of 2017 instituted for the offence under Section(s) 366-A Indian Penal Code pending in the Court of the Judicial Magistrate, 1st class, Masaurhi, Patna.

Prayer of the petitioner for anticipatory bail was earlier dismissed as not pressed since none appeared on behalf of the petitioner.

It has been submitted that both petitioner and the victim are major. They have married prior to lodging of the First Information Report. It has further been submitted that Anneuxre3 is the statement of the victim girl recorded under Section 164 Cr. P.C. in which she has not supported the allegation.

Patna High Court Cr.Misc. No.36758 of 2018 (2) dt.27-06-2018 2/2 Since earlier anticipatory bail application of the petitioner has already been dismissed, this Court is not inclined to entertain this second anticipatory bail application. Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below within a period of four weeks from the date of receipt of copy of this order and seek regular bail, which shall be considered and disposed off by the learned Court below, preferably on the same day, after looking into the statement of the victim recorded under Section 164 Cr. P. C. and considering the fact that they have married voluntarily.

(Sanjay Priya, J) JA/- U T