Karan Singh @ Karan Aryan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42756 of 2019 Arising Out of PS. Case No.-690 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Karan Singh @ Karan Aryan, aged about 22 years, male, Son of Bablu Singh @ Rajmohan Singh, Resident of Village-Bahawalpurpur, P.S.- Madhusudanpur, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-09-2019 Heard Mr. Raja Ram Mishra, the learned Advocate for the petitioner and Mr. Md. Aslam Ansari for the State. The petitioner seeks bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 690 of 2018, dated 12.11.2018, instituted for the offence under Section 366(A) of the Indian Penal Code.

The petitioner is alleged to have taken away the daughter of the informant for the purposes of marrying her. Though the learned counsel for the petitioner has

Patna High Court CR. MISC. No.42756 of 2019(3) dt.27-09-2019 2/3 submitted that the victim went with the petitioner of her own volition which becomes apparent from the opening line of the statement of the victim girl recorded under Section 164 Cr.P.C., but the fact remains that the victim has not supported the version of the petitioner. The 164 Cr.P.C. statement refers to the victim having been kept in confinement of the petitioner under duress.

The learned counsel for the petitioner further submits that if the entire statement of the victim recorded under Sections 161 and 164 Cr.P.C. is seen, it would appear that the victim has not supported the version of the petitioner because of tutoring by her parents. It has further been submitted that the victim is not minor as has been alleged in the F.I.R., rather she is of the age of solemnizing marriage with any person.

The medical report also indicates towards the majority of the victim girl.

The petitioner is in custody since 21.02.2019. Since the victim girl has spoken about pressure having been exerted upon her by the petitioner, I am not

Patna High Court CR. MISC. No.42756 of 2019(3) dt.27-09-2019 3/3 inclined to grant bail to him for the present. The prayer for grant of bail of the petitioner is hereby refused.

The petition stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T