Gopal Kumar Jha @ Gopal Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34971 of 2014 Arising Out of PS.Case No. -10 Year- 2014 Thana -SAKARPUR District- DARBHANGA ======================================================

1. Gopal Kumar Jha @ Gopal Jha son of Sri Ram Narayan Jha, resident of Village- Lahta, P.S.- Manigachhi, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. B.N.Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-03-2015 Heard both sides.

The petitioner apprehends his arrest in Sakatpur P.S. Case No. 10 of 2014 registered under section 366(A)/34 of the Indian Penal Code.

The allegation against the petitioner is that he kidnapped the minor daughter of the informant. Learned counsel for the petitioner submits that the victim is a major. The petitioner did not kidnap the victim. It appears from the perusal of the record that the victim made her stated under section 164 Cr.P.C. and she disclosed that the petitioner took her to Mumbai and other witnesses have also supported the facts. The doctor found the age of the victim between 16-17 years.

Patna High Court Cr.Misc. No.34971 of 2014 (3) dt.17-03-2015 2/2 Considering the fact that the victim was minor on the date of occurrence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly the same is rejected. The petitioner if so advised may surrender and seek regular bail If such an application is filed, the learned court below shall dispose of the bail application of the petitioner without being prejudiced by the order of this court.

(Prabhat Kumar Jha, J) M.Rahman/- U T