Patna High CourtCR. MISC./6412/2021dismissed

Narendra Ram @ Bhola v. The State Of Bihar

2021-12-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6412 of 2021 Arising Out of PS. Case No.-374 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== NARENDRA RAM @ BHOLA, Son of Rajesh Ram, Resident of Village - Math Lohiyar Bhagtahan Tola, P.S.- Harsidhi, Dist.- East Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard the learned Advocate for the petitioner and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Harsidhi P.S. Case No. 374 of 2020 dated 03.09.2020 instituted for the offences under Sections 363, 366(A) and 34 of the Indian Penal Code and 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The accusation against the petitioner is of having abducted the victim girl. The victim in her statement under Section 164 of the Criminal Procedure Code has submitted that she had contracted the marriage of her own volition with the petitioner.

However, taking into account the fact that the victim is yet not attained majority, I am not inclined to grant

Patna High Court CR. MISC. No.6412 of 2021(2) dt.14-12-2021 2/2 anticipatory bail to the petitioner.

The prayer for bail is rejected.

However, if the petitioner surrenders and seeks bail, his application shall be considered after taking into account that there was no force or coercion and the victim ran away with the petitioner and married him of her own volition and shall pass orders in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) Shamshad/- U T