Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46596 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== Rahul Kumar Son of Shyam Lal Ray @ Shayam Babu Ray Resident of Village - Rupauli, P.S.- Dumra, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 119 of 2019, registered under Sections 341/323/452/354B/504/506/34 of the Indian Penal Code.

The allegation against the petitioner, as per the FIR lodged by the mother of the victim girl, is that her daughter, Meera Kumari, aged about 14 years, studies in class 8 and goes to Village Dhanushi for tuition. It has further been alleged that her daughter complained that the petitioner along with his friend used to pass derogatory comments upon her. Consequently, the informant did not allow her daughter to attend tuition. It has further been alleged that on 15.03.2019 at about 12:00 O'clock

Patna High Court CR. MISC. No.46596 of 2019(2) dt.29-07-2019 2/3 at night, the petitioner along with other co-accused entered into her house and took away her daughter and upon alarm raised by younger daughter of the informant, both the accused person assaulted her daughter Meera Kumari and tried to disrobe her. Learned counsel for the petitioner submits that the petitioner is innocent and is a student of class 8. She further submits that the informant's daughter is in love and the same is not acceptable to the family of the informant. Being the mother of the victim girl, she has lodged the present case in order to prevent the petitioner to meet, call her daughter, she further submits that the petitioner has got no criminal antecedent. After having heard learned counsel for the parties and taking into consideration the fact that the petitioner is also studying in class 8 and there appears to be love affair between the petitioner and the victim girl and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond

Patna High Court CR. MISC. No.46596 of 2019(2) dt.29-07-2019 3/3 of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 119 of 2019; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T