Karan Kumar Patel @ Karn Kumar Patel @ Tuntun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29467 of 2016 Arising Out of PS.Case No. -38 Year- 2014 Thana -MAHILA P.S. District- PATNA ======================================================
1. Karan Kumar Patel @ Karn Kumar Patel @ Tuntun S/O Muna Singh, resident of village-Abdalpur Pipra, P.S.- Pipra, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suneil Kumar Thakur, Advocate.
For the Opposite Party/s : Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and Mr. Ramchandra Singh APP for the State.
The petitioner is named in the FIR along with others vide Mahila P.S. Case No. 38/2014, registered under Sections 366 and 376 of the IPC.
The allegation is that while the victim had gone out of the house to attend the call of nature she was kidnapped under threat to her life by the petitioner and taken to a place where she was subjected to rape and was confined. After two months she could release herself therefrom and came to the house and lodged the FIR.
The contention of the petitioner is that the mother had given an information with regard to missing of her daughter
Patna High Court Cr.Misc. No.29467 of 2016 (3) dt.06-09-2016 2/2 and also her return from the captivity wherein she has admitted that the victim had married. There is also a panchayati in which both parties accepted the solemnization of marriage between the two. It is owing to love affairs the victim girl had accompanied the petitioner but later filed a case.
Learned APP opposed the prayer and submitted that there is clear allegation in the FIR that victim girl was forced to accompany the petitioner at gun point. In her statement made under Section 164 Cr.P.C. she has supported the case. Considering the above, I am not persuaded to extend him the privilege of anticipatory bail. Prayer is, accordingly, rejected.
(Kishore Kumar Mandal, J) Shyam/- U T