Raman Das @ Rawan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21661 of 2015 Arising Out of PS.Case No. -189 Year- 2014 Thana -SAHKUND District- BHAGALPUR ====================================================== Raman Das @ Rawan Kumar Das, son of Uchit Das, resident of VillagePanchrukhi, Police Station- Shahkund, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. C. Jawahar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Shahkund P.S.Case No. 189 of 2014 registered under Sections 366A and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that actually it is not a case of kidnapping rather it is a case of love affairs in which the girl Kalpana Kumari with her sweet will has married the petitioner, which fact stands testified by Annexure-2, a certificate by the Notary Public regarding their marriage. In the said certificate the age of the girl is noted as 20 years, whereas on perusal of the case diary it appears that the girl, who has been kidnapped, is only 14 years of age and is school going.

Patna High Court Cr.Misc. No.21661 of 2015 (3) dt.01-10-2015 Considering the aforesaid facts and circumstances and also considering the fact that the girl has not yet been recovered, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected.

If, however, the petitioner surrenders in the court below his prayer for bail may be considered without being prejudiced by this order.

(Anjana Mishra, J) spal/- U