Jitendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38698 of 2019 Arising Out of PS. Case No.-39 Year-2017 Thana- NARPATGANJ District- Araria ====================================================== 1.

Jitendra Das Son of Girdhari Das Resident of Village- Pachgachia, Police Station- Naugachia, District- Bhagalpur.

2.

Ravi Kumar @ Hari Son of Bhola Ram Resident of Village- Pachgachia, Police Station- Naugachia, District- Bhagalpur. 3.

Yugesh Das @ Yugesh Kumar Das Son of Sukrati Das Resident of VillageBhurha, Police Station- Barahat, District- Banka. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party :

Mr.Umeshanand Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners, the State and perused the case diary.

Petitioners apprehend their arrest in a case registered for the offence under section 366A of the IPC on the allegation that they along with other accused persons enticed away 14 years old daughter of the informant Swati Kumari. Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in the case as the FIR is against one another accused person and the girl in her 164 Cr.P.C. statement has not made any allegation against them. Learned counsel representing the State submits that as per 161 Cr.P.C. statement of the girl, petitioner nos. 1 and 2 took her forcibly on the motorcycle with them. They shifted her from

Patna High Court CR. MISC. No.38698 of 2019(3) dt.09-09-2019 2/2 one place to the other, she was also given sedatives and at one point of the time she was kept at the house of petitioner no.3 for sometime. They also did wrong with her in course of the stay. She has stated her age to be 15 years in her 164 Cr.P.C. statement.

In the facts and circumstances of the case as well as in view of nature of allegation, prayer for anticipatory bail of the petitioners is refused with direction to surrender and seek regular bail within a period of six weeks from today, which would be disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T