Patna High CourtCR. MISC./55032/2017dismissed

Rohan Kumar v. The State Of Bihar

2018-03-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55032 of 2017 Arising Out of PS.Case No. -206 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Rohan Kumar, Son of Prem Ram, Resident of village- Rahsa West, P.S.- Bhagwanpur, Dist.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bhagwanpur P.S. Case No. 206 of 2016 instituted for the offence under Sections 363 and 366A of the Indian Penal Code. It is alleged in the written report that petitioner kidnapped the minor daughter of the informant along with other accused persons with intention to marry her. It is also alleged that the girl has taken Rs.2,00,000/- cash and ornament from the house.

Learned counsel for the petitioner has submitted that occurrence is said to have taken place on 19.11.2016 and the First Information Report has been lodged on 29.11.2016. Case diary has been received.

Patna High Court Cr.Misc. No.55032 of 2017 (4) dt.19-03-2018 2/2 Learned A.P.P. after perusing the case diary has submitted that in the statement of victim girl recorded under Section 164 Cr. P.C., she has stated that this petitioner has taken her forcefully to Delhi and kept her in a house. The girl is minor. The Court has assessed her age in the statement recorded under Section 164 Cr. P.C. as 16 years. The girl has stated her age in her statement as 16 years.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T