Ram Chandra Rai And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.37671 of 2014 (4) dt.12-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37671 of 2014 Arising Out of PS.Case No. -85 Year- 2014 Thana -BAJPATTI District- SITAMARHI ====================================================== Ram Chandra Rai & Ors .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nirmal Kumar Sinha-3 For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner apprehends his arrest in connection with Bajpatti P.S. Case No. 85 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 452, 366A and 379 of the Indian Penal Code.

Earlier case diary of the present case has been called for which has since been received.

A supplementary affidavit has been filed on behalf of the petitioners stating therein that the victim has appeared in the Court below and stated that she was not kidnapped rather she has got married with one namely, Sohit Das. In the statement under Section 164 Cr.P.C., it has come on record that the victim was a minor at the time of occurrence and she has disclosed her age to be

Patna High Court Cr.Misc. No.37671 of 2014 (4) dt.12-10-2015 16 years.

Learned counsel for the State after perusal of the case diary submits that even in the case diary the age of the victim girl is stated to have been 15-17 years.

Considering the fact that the victim girl was minor on the date of occurrence, I am not inclined to grant anticipatory bail to the petitioners. It is accordingly, rejected. (Anjana Mishra, J) Jagdish/- U