Patna High CourtCR. MISC./42331/2019disposed

Ram Prawesh Sah v. The State Of Bihar

2019-09-30Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42331 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- DHAKA District- East Champaran ====================================================== Ram Prawesh Sah Son of Khobari Sah, Resident of Village- Narkatiya, P.S.- Dhaka, District- East Champaran ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Dhaka P.S. Case No. 30 of 2019 registered for the offence punishable under Section 366(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation that this petitioner had forcibly taken away the victim girl is only an afterthought as it would appear from the materials on record that the victim girl was aged about 19 and 1/2 years at the time of alleged occurrence and she had gone on her own will and volition with the petitioner and had also solemnized marriage. This petitioner filed an application for the restitution of conjugal rights.

Patna High Court CR. MISC. No.42331 of 2019(3) dt.30-09-2019 2/2 Learned A.P.P. for the State submits that in her statement under Section 164 Cr.P.C. the victim girl has stated that she was forcibly taken away by the petitioner and she had been confined and subjected to physical relationship. In the given facts and circumstances of the case, where there is an allegation that the petitioner has forcibly taken away the victim girl, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. In case, however, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, the court below shall consider all the materials on the record and shall pass an appropriate order on the regular bail application without being prejudiced by the order of this Court. This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) vats/ved U