Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39783 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -DUMRA District- SITAMARHI ====================================================== Anjani Kumar, son of Ram Nath Rai, resident of Village- Hanumannagar, P.S.- Dumra, District- Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Adv. For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-10-2016 Heard both sides.

The petitioner apprehends his arrest in Dumra P.S. Case No. 105/2016, registered for the offences punishable under Section 366A and other sections of the Indian Penal Code. Petitioner and others are alleged to have kidnapped the victim. It is submitted that the victim made her statement under Section 164 Cr. P.C. and disclosed her age to be 20 years. The victim further disclosed that she solemnized marriage with the petitioner out of her free will and there is no coercion, but from perusal of the record it appears that the certificate issued by the Headmaster of Kamala Balika High School, Sitamarhi is filed and the date of birth of the victim is 25.10.2000.

On the date of occurrence the victim was minor and the allegation against the petitioner is that

Patna High Court Cr.Misc. No.39783 of 2016 (3) dt.28-10-2016 2/2 the petitioner enticed the minor girl.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T