Patna High CourtCR. MISC./2884/2021dismissed

Sangam Kumar v. The State Of Bihar

2021-07-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2884 of 2021 Arising Out of PS. Case No.-68 Year-2019 Thana- DHURAIYA District- Banka ====================================================== SANGAM KUMAR S/o Bharat Singh @ Bharat Lal Singh R/o VillageNaraun, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-07-2021 Heard Mr. Ajay Mukherjee, learned Advocate for the petitioner and Mr. Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Dhoraiya P.S. Case No. 68 of 2019 dated 07.04.2019 instituted for the offences under Sections 366(A) of the Indian Penal Code.

The petitioner has not been named in the FIR. The accusation in the FIR is that the minor daughter of the informant was abducted.

The victim girl is said to have appeared before the police and has also made her statement under Section 164 Cr.P.C. that she had gone with the petitioner of her own volition. No coercion or pressure was put upon her for this. However, she has disclosed

Patna High Court CR. MISC. No.2884 of 2021(2) dt.27-07-2021 2/2 her age in such statement to be 14 years.

There is nothing on record to dispute that the victim is a minor.

For the aforesaid reason, namely, the minority of the victim girl, the petitioner does not deserve anticipatory bail even though the girl had gone along with him of her own volition.

Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, his application shall be considered on its own merits without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T