Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53527 of 2019 Arising Out of PS. Case No.-79 Year-2016 Thana- PARBATTA District- Khagaria ====================================================== RUPESH KUMAR Son of Arun Thakur Resident of Village- Dumaria Bujurg, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Parbatta P.S. Case No. 79 of 2016, corresponding to G.R. No. 808 of 2016, registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of minor daughter of informant.

Submission of learned counsel for the petitioner is that as a matter of fact both the parties have solemnized marriage and they are living together and they have one child also from the wedlock.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that the girl is minor and she is traceless.

Patna High Court CR. MISC. No.53527 of 2019(2) dt.27-08-2019 2/2 In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if the girl has appeared and her statement is recorded the learned court below while considering prayer for bail of the petitioner shall also consider the statement of the girl before passing any appropriate order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T