Patna High CourtCR. MISC./47530/2014rejected

Rinku Sahani v. The State Of Bihar

2015-04-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47530 of 2014 Arising Out of PS.Case No. -223 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rinku Sahani Son of Upendra Sahani, resident of village- Singhiya Banjariya, P.S.- Banjariya, District- East Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Turkauliya (Banjariya) P.S. Case No.223 of 2013 registered under Sections 366(A) of the Indian Penal Code pending in the Court of C.J.M., Motihari, East Champaran.

The accusation is that mother of the petitioner enticed away the daughter of the informant Sajan Nesha aged about 12 years and later on forcibly sent her to Banglore with petitioner.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case due to dirty village politics. The informant has put his L.T.I. but it does not appears that who scribe the written report of the

Patna High Court Cr.Misc. No.47530 of 2014 (2) dt.23-04-2015 2/2 informant, while the victim has stated that she was forcibly sent by mother of the petitioner with petitioner to Bangalore but the informant and victim have filed the compromise petition on 23.07.2014 before the Court of C.J.M., Motihari. Having considered the facts and circumstances of the case, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, the application stands rejected. However, petitioner is directed to surrender before the trial Court within a period of four weeks and pray for regular bail, which shall be considered on its own merit without being prejudiced by the present order.

(Rajendra Kumar Mishra, J.) Shail/- U T