Patna High CourtCR. MISC./31029/2017rejected

Anil Ram v. The State Of Bihar

2017-07-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31029 of 2017 Arising Out of P.S.Case No. -6 Year- 2017 Thana -BENIPATTI District- MADHUBANI ====================================================== Anil Ram, son of Yadunandan Ram, Resident of Village- Chanpur, P.S.- Banipatti, District- Madhubani .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the Opposite Party : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-07-2017 Heard.

2. The petitioner apprehends arrest in connection with Benipatti P.S.Case No.06 of 2017 pending in the Court of Additional Sessions Judge-Ist-cum-Special Judge, Madhubani registered for an offence under Sections 341, 323, 354(B), 364, 366(A) and 367 of the IPC and POCSO Act.

3. The case has been registered on the basis of complaint petition. It has been alleged that this petitioner along with six others came at the house of the informant and kidnapped his minor daughter aged about 13 years.

4. Learned counsel for the petitioner submits that the victim is a major girl and she was produced before the Magistrate where her statement under Section 164 of the Cr.P.C. was

Patna High Court Cr.Misc. No.31029 of 2017 (2) dt.11-07-2017 2/2 recorded. She has denied the allegation of her abduction. He further submits that the victim voluntarily left the house and had been married with this petitioner at Benipatti Court. Learned APP opposed the anticipatory bail.

6. On perusal of the FIR as well documents annexed with this application, I find that this petitioner is named in the FIR. The victim was produced before the Magistrate where she disclosed her age as 19 years. She was also produce before the Medical Board where her age was assessed as 17-18 years. The Medical Board has reported that she is pregnant about twelve weeks.

7. Considering the allegation of abduction of minor girl by this petitioner and rape by him, I am not grant him anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.

(Sanjay Kumar, J) B.Kr./- U T