Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6156 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -MAKER District- SARAN ====================================================== Raju Rai, Son of Sipahi Rai, Resident of Village- Badhichak, P.S.- Maker, District- Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Dr. Rajesh Kumar Singh, Advocate Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party : Mr. Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Maker P.S. Case No. 80 of 2016 instituted for the offence under Sections 366 and 504/34 of Indian Penal Code.

It is alleged in the written report that younger daughter-in-law of the informant informed him that she saw the victim girl, who is also the daughter-in-law of the informant going with Raju Rai (petitioner) and other accused persons. Victim girl was recovered and her statement under Section 164 of Cr.P.C. was recorded, in which she has stated her age 30 years and court has also assessed her age 30 years. She has further stated in her statement that she had gone with Raju Rai to Chandigarh. She has

Patna High Court Cr.Misc. No.6156 of 2017 (2) dt.17-02-2017 2/2 not levelled allegation of committing any illegal act by Raju with her.

The girl is major and from her statement under Section 164 of Cr.P.C, it does not appear that any force was applied to kidnap her or any illegal act has been committed by this petitioner. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Maker P.S. Case No. 80 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Court No.II, Saran, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T