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Patna High CourtCR. MISC./29578/2015rejected

Jitendra Yadav v. The State Of Bihar

2015-08-13Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29578 of 2015 Arising Out of P. S. Case No. -332 Year- 2014 Thana -BAHERA DistrictDARBHANGA ====================================================== Jitendra Yadav son of Laxman Yadav resident of Village- Asma, Police Station- Ghanshyampur and District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Bahera P. S. Case No. 332 of 2014 registered for the offence punishable under Sections 363/366(A) of IPC.

Allegation against the petitioner is that he has kidnapped the minor daughter of the informant. Learned counsel for the petitioner submits that the petitioner has not kidnapped the victim. She has herself gone with him. Both of them had also married. Victim had also sworn affidavit regarding the marriage.

Learned counsel for the State submits that during investigation the victim has been recovered and she has made her

Patna High Court Cr.Misc. No.29578 of 2015 (2) dt.13-08-2015 2/2 statement under Section 164 Cr.P.C. in which the age of the victim has been assessed as 15 years. She has made allegation that the petitioner had kidnapped her and he had also forced her to sign on some papers and he also raped her several times during his captivity.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

(Amaresh Kumar Lal, J) Kanchan/- U T