Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35121 of 2015 Arising Out of PS.Case No. -338 Year- 2012 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Guddu Kumar Son of Jawahir Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Pandey, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that in 164 Cr. P.C. statement the victim got her age recorded as 18 years when the learned court below assessed her age as 16 years whereas the medical opinion assessed her between 13 1⁄2 and 14 1⁄2 years. In 164 Cr.P.C statement the victim has stated that she was in love with the petitioner and has performed

Patna High Court Cr.Misc. No.35121 of 2015 (3) dt.05-10-2015 2/2 married with him of her own.

Considering the opinion of medical board, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioner keeping in view of 164 Cr.P.C. statement of the victim girl, if the petitioner surrenders within a period of six weeks in connection with Sugauli P.S. Case No.338 of 2012, pending before the learned CJM, East Champaran (Motihari).

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T