Rahul Kumar Sharma @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40264 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== RAHUL KUMAR SHARMA @ RAHUL KUMAR Son of Arun Sharma @ Arun Kumar Sharma Resident of Village- Harda Bazar East of Petrol Pump, P.S.- K. Hat (Maranga), District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with K.Hat (Sahayak) Town P.S.Case No. 235 of 2019 registered under Sections 363 and 366A/34 of the Indian Penal Code. Allegation against the petitioner is that he abducted the daughter of the informant, who was a minor.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case inasmuch as the girl Rashmi Riya was recovered and in her statement recorded under Section 164 Cr.P.C., she has specifically stated that she had love affair with the petitioner and he has solemnised marriage with the girl in a Temple at Deoghar. Learned counsel submits that the doctor has also examined the girl and has not

Patna High Court CR. MISC. No.40264 of 2019(2) dt.01-07-2019 2/2 found any mark of sexual assault upon the person of the victim girl and her age has been assessed by the doctor as 19 years. After having heard learned counsel for the parties and upon perusal of material on record, it appears that victim girl and the petitioner were known to each other and girl has accepted that there was love affair between them accordingly, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with K.Hat (Sahayak) P.S.Case No. 235 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T