Dhanik Lal Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.39280 of 2017 (3) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39280 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BAHERA District- DARBHANGA ====================================================== Dhanik Lal Paswan, son of Bale Paswan, Resident of Village- Rampur Udai, P.S.- Bahera, District- Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Bahera P.S. Case No.99 of 2017 registered under Sections 366A/34 of the Indian Penal Code.

Allegation is that the petitioner kidnapped minor daughter of the informant.

Learned counsel for the petitioner submits that it is a case of elopement and the girl moved along with the petitioner at different places.

However, in the statement recorded under Section 164 Cr.P.C., the girl had stated about forcibly taking away by the petitioner moreover victim is a minor as per the assessment of her age by the medical board.

Having considered the said facts and circumstances,

Patna High Court Cr.Misc. No.39280 of 2017 (3) dt.18-10-2017 the prayer of anticipatory bail of the petitioner stands rejected in connection with Bahera P.S. Case No.99 of 2017, pending in the court of learned A.C.J.M., Benipur, Darbhanga. However, the petitioner may surrender and seek regular bail, which shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J.) S.Kumar/- U T