Pandav Kumar @ Pandaw Kumar Yadav @ Vikas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4431 of 2017 Arising Out of PS.Case No. -317 Year- 2016 Thana -PURNEA SADAR District- PURNIA ====================================================== Pandav Kumar @ Pandaw Kumar Yadav @ Vikas, Son of Mahant Yadav @ Ramesh Yadav @ Ramesh Mandal, Resident of Village- Akamba, P.S.- Jalalgarh, District- Purnea.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Suresh Prasad Sah @ Baranwal, Advocate For the Opposite Party : Mr. Ram Anurag Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Sadar (Muffasil) P.S. Case No. 317 of 2016 instituted for the offence under Sections 363 and 366(A) of the Indian Penal Code. It is alleged that petitioner has kidnapped the minor daughter of the informant, namely, Juli Kumari aged about 14 years. The victim Juli Kumari was recovered and gave her statement under Section 164 of Cr.P.C., wherein she has stated that this petitioner kidnapped her and kept her in rented room and pressurized her to perform marriage with him. The petitioner used to live with the victim girl in the night. She has further stated in her statement that when she stopped taking food then after 2-3
Patna High Court Cr.Misc. No.4431 of 2017 (2) dt.14-02-2017 2/2 days petitioner got her to Belori Chowk by motorcycle and left her at that place and thereafter she informed this matter to her parents and grandmother-in-law by phone. The victim girl stated her age 15 years and court has assessed her age 16 years. The girl was medically examined and doctor has opined as per radiological report her age to be within 15 to 16 years. In this manner, the girl was minor and there is specific allegation against this petitioner of kidnapping her. Therefore, this court is not inclined to enlarge the petitioner on anticipatory bail.
Accordingly, this anticipatory bail petition is hereby rejected.
The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail which shall be disposed of in accordance with law preferably on the same day without being prejudiced by this order. (Sanjay Priya, J.) ravi/- U T