Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53450 of 2018 Arising Out of PS. Case No.-467 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Rahul Kumar S/o Binod Kumar @ Deepak Kumar, R/o Vill-Panchu Garh, P.S. Hima, District-Nawada at present resident of Mohalla-Kanhauli Naka, Chaudhary Compound, P.S.-Mithanpur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Goswami For the Opposite Party/s :

Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case no. 467 of 2018 registered under Section 366(A) of the Indian Penal Code.

Petitioner is said to have kidnapped minor daughter of the informant.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case. The victim in her statement under Section 164 Cr.P.C. has herself stated that as her parents used to mount pressure upon her to marry with other boy, she suo motu

Patna High Court Cr.Misc. No.53450 of 2018(3) dt.13-12-2018 2/2 eloped with the petitioner and performed marriage with him and she wants to live with the petitioner. She has not stated in her statement about commission of occurrence of her kidnapping by the petitioner.

On the other hand, learned APP opposing the bail prayer of the petitioner submitted that the victim is minor at the time of occurrence as evident from the impugned order and as per the statement of the victim herself, petitioner has performed marriage with her. Hence, petitioner does not deserve bail. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer is rejected.

However, petitioner is directed to surrender before the court below and seeks regular bail and learned court below shall dispose of the same in accordance with law without being prejudiced by the present order.

(Prakash Chandra Jaiswal, J) rohit/- U T