Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36003 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -SIRDALA District- NAWADA ====================================================== Amit Kumar Son of Vimal Sharma resident of village - Tetariya, P.S. Meskaur, Distt. - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366A of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that the victim was in love with co-accused Rahul Kumar. Though, in 164 Cr.P.C. statement the age of the victim has been assessed by the learned court below as 14 years but the Medical Board has found her age as 17 to 18 years. It appears from 164 Cr.P.C. statement that

Patna High Court Cr.Misc. No.36003 of 2015 (2) dt.07-09-2015 2/2 the victim, though, has alleged that she was ravished by coaccused Rahul, but she has alleged that she was kidnapped by co-accused Rahul and this petitioner.

Let the learned court below consider the prayer for regular bail of the petitioner keeping in view of the fact that thrust of accusation is against co-accused Rahul, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Sirdala P.S. Case No. 169 of 2014 pending in the court of learned Chief Judicial Magistrate, Nawada.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T