Basukee Nath Chaudhary @ Basukee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12162 of 2018 Arising Out of PS.Case No. -136 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== Basukee Nath Chaudhary @ Basukee Kumar, S/o Sri Ramji Chaudhary, R/o Village- Belour, P.S.- Udwant nagar in the district of Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate. For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bihiya P.S. Case No. 136 of 2016 instituted for the offence under Sections 366, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that in paragraph-24 of the case diary it is mentioned that the girl was recovered near Ara Railway Station. There is no eye witness of the occurrence. Mere suspicion has been raised against the petitioner.

It is alleged in the written report that informant used to receive threat from two Mobile numbers as mentioned in the written report. It is alleged that holder of those two Mobiles had enticed away his daughter. The informant inquired into the matter

Patna High Court Cr.Misc. No.12162 of 2018 (3) dt.06-04-2018 2/2 and learnt that son of Ramji Choudhary has enticed his daughter and has taken her away.

The statement of victim girl has been recorded under Section 164 Cr. P.C. wherein she has stated her age as 17 years and the Court has assessed her age to be 17 years. The girl has also stated in her statement recorded under Section 164 Cr. P.C. that petitioner had enticed her for marriage and brought her with him. There was another boy with him namely Bablu Choudhary. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- U T