Patna High CourtCR. MISC./34790/2014dismissed

Ashok Kumar v. The State Of Bihar

2015-04-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34790 of 2014 Arising Out of PS.Case No. -16 Year- 2014 Thana -KASHICHAK District- NAWADA ======================================================

1. Ashok Kumar s/o Jagdish Mahto r/o village- Bhatta, P.S. Kashichak, District- Nawadah .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Shailendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2015 Heard both sides.

The petitioner apprehends his arrest in a case under section 366A and 376 of the Indian Penal Code. The petitioner is alleged to have kidnapped the victim and committed rape with her. It is submitted that the date of occurrence is 15-3-2014. The victim herself returned on 18-32014. Thereafter, F.I.R. was lodged. There is no eye-witness of the occurrence. The witnesses have stated that they have not seen the victim being kidnapped by the petitioner. The mother of the victim also disclosed that her daughter returned on 18-3-2014. It appears that the victim herself stated about her kidnapping, and also

Patna High Court Cr.Misc. No.34790 of 2014 (5) dt.06-04-2015 2 / 2 alleged that the petitioner established physical relation with her. The court has assessed the age of the victim to be 16 years. The doctor also found the victim below 18 years of age. Considering the facts and the statement of the victim, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) B.Roy/- U