Ramashish Ram @ Ram Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31031 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -BASOPATTI District- MADHUBANI ======================================================
1. Ramashish Ram @ Ram Kumar Ram Son of Desi Ram @ Jaisi Rai, resident of Village- Mahadeo Patti, P.S. Harlakhi, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-08-2016 Heard Mr. Bimal Kumar for the petitioner and the State.
The petitioner apprehends his arrest in connection with Basopatti P.S. Case No. 69 of 2016, registered under Sections 363 and 366 A of the IPC.
The mother of the victim lodged a case that while her minor daughter had gone to attend the call of nature she was abducted/kidnapped. On secret information, she could learn that girl was kept in the house of the petitioner. When she went to get the daughter released, she was abused and threatened. Contention of the petitioner is that there is inordinate delay in lodging the FIR. In the assessment of the learned Magistrate while recording the statement the victim was
Patna High Court Cr.Misc. No.31031 of 2016 (2) dt.12-08-2016 2/2 aged about 16 years old. The Medical Board has assessed the age of the victim girl between 17 to 18 years. No allegation of any misbehave was made by the victim girl in her statement. Learned APP opposed the prayer and contended that in her statement made under Section 164 Cr.P.C., the girl has alleged against the petitioner of having forcibly kidnapped her. Looking to the allegations and the other materials available on record including the statement of the victim girl made under Section 164 Cr.P.C, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer is rejected. (Kishore Kumar Mandal, J) Shyam/- U T