Rabindra Sah @ Rabindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27598 of 2017 Arising Out of PS.Case No. -13 Year- 2014 Thana -GAMAHARIA District- MADHEPURA ======================================================

1. Rabindra Sah @ Rabindra Kumar Son of Surat Sah Resident of VillageDhunja, P.S. Gamharia, District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Vishoka Nand For the Opposite Party/s : Mrs. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-11-2017 Heard both sides.

The petitioner apprehends his arrest in Gamharia P.S. case No. 13 of 2014 for the offences punishable under Section 366, 379/34 of the Indian Penal Code.

The informant alleged that the Rabindra Sah, the petitioner, and Ram Kumar Sharma kidnapped his wife on 07.01.2014.

The learned counsel for the petitioner submits that wife of the informant is aged about 30 years whereas the age of petitioner is only 16 years. The petitioner is a student of Bachelor of Arts (B.A.). The wife of informant herself went to Delhi. The story disclosed by the victim shows that victim was a consenting party as while she was going to Delhi she did not raise any alarm

Patna High Court Cr.Misc. No.27598 of 2017 (5) dt.01-11-2017 2/2 throughout her way to Delhi but it appears that victim made her statement under Section 164 of the Cr. P. C. and she disclosed that petitioner took her to Delhi, confined her in a room, and also forcibly established physical relation with her. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T