Patna High CourtCR. MISC./60059/2017disposed

Vinayak Kumar v. The State Of Bihar

2017-12-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60059 of 2017 Arising Out of PS.Case No. -116 Year- 2017 Thana -SURSAND District- SITAMARHI ====================================================== Vinayak Kumar, S/o Parmeshwar Kumar @ Prameshwar Mahto, R/o Village- Birrakh, Ward No.- 07, P.S.- Sursand, District- Sitamarhi.. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A, 506 and 504/34 of the Indian Penal Code. The prosecution case is of abducting minor daughter of the informant, namely, Jeba Tabassum and the other girl Kuresha Khatoon.

It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement though one of the victims namely, Jeba Tabassum has named this petitioner but accusation of establishing forceful physical relationship is against Md. Nurain Ansari, whereas the other victim Kuresha

Patna High Court Cr.Misc. No.60059 of 2017 (2) dt.12-12-2017 2/2 Khatoon has not named this petitioner. It is further submitted that the petitioner is not having any criminal antecedent and statement to that effect has been made in paragraph 3 of the petition.

Considering the fact that one of the victims namely, Jeba Tabassum, who has named this petitioner with the accusation of her kidnapping has got her age recorded as 16 years, while the Court has assessed as such, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned court below consider the prayer for bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Sursand P.S. Case No. 116 of 2017 pending in the court of learned Sub-divisional Judicial Magistrate, Pupri, District - Sitamarhi.

With the aforesaid observation, this application is disposed of.

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