Rishu Raj @ Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53425 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- NAUHATTA District- Rohtas ====================================================== Rishu Raj @ Rishu Kumar (Male), aged about 20 years, Son of Shankar Ram @ Guddu, Resident of Village - Nauhatta, P.S.- Nauhatta, Distt - Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudama Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Nauhatta P.S. Case No. 53 of 2018 registered under sections 363 and 366 (A) of the IPC.

The allegation against the petitioner, as per the first information report, is that the petitioner on 09.05.2018, abducted the daughter of the informant aged about 16 years. Mr. Sudama Singh, learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case. FIR was lodged belatedly inasmuch as the incident has taken place on 09.05.2018 whereas the first information report has been lodged on 17.05.2018. Learned counsel further submits that victim girl was recovered and her statement under Section 164 Cr.P.C. was recorded which is annexed herewith as Annexure-2. Learned counsel submits that from perusal of the statement of the victim girl, it would be evident that she has stated that she was in love affair with the petitioner and wanted to marry him. She has not disclosed anything against the petitioner in her statement.

Patna High Court CR. MISC. No.53425 of 2019(2) dt.27-08-2019 2/2 After having heard learned counsel for the parties and taking into consideration the fact that in statement under Section 164 of Cr.P.C. the victim girl has accepted that she has love affair with the petitioner and wanted to marry him, I am inclined to grant anticipatory bail to both the petitioners. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vivek Kumar Singh, learned Judicial Magistrate-cum-Additional Munsif, Dehri, Rohtas, in connection with Nauhatta P.S. Case No. 53 of 2018 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U