Patna High CourtCR. MISC./44370/2017dismissed

Bobby @ Md. Bobby v. The State Of Bihar

2017-09-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44370 of 2017 Arising Out of PS.Case No. -231 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Bobby @ Md. Bobby Son of Raju , R/o Village- Ali Nagar, P.S.- Town Aurangabad, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner, in the present case, is seeking regular bail in connection with Town P.S. Case No.231 of 2017, registered for offences alleged under Sections 366A and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner and the daughter of the informant were in love as a result thereof the daughter of the informant herself went with this petitioner where Nikah ceremony was performed. Learned counsel further submits that in 164 Cr.P.C. statement although the girl has stated that she did not want to perform Nikah with the petitioner,

Patna High Court Cr.Misc. No.44370 of 2017 (2) dt.19-09-2017 but it was forcibly performed. She has stated that although she was in love with the petitioner, but she wanted to go for Nikah only with the consent of her family members.

Learned counsel for the informant opposed the prayer for bail pointing out that the date of birth of victim girl is 27.07.2003, therefore, apparently the petitioner had taken away the minor girl and performed Nikah without her consent which is in the nature of serious offence.

Considering the nature of the allegations particularly the fact that the victim girl is hardly about 14 years of age, I am not inclined to grant bail to the petitioner. The application is, therefore, dismissed.

(Rajeev Ranjan Prasad, J) Arvind/- U T