Shivraj Rai @ Shivraj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58005 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- MAHILA P.S. District- Sitamarhi ====================================================== SHIVRAJ RAI @ SHIVRAJ KUMAR YADAV, (male) aged about 21 years, Son of Ashok Rai, Resident of Village - Anhari, P.S.- Riga, Dist.- Sitamarhi. (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Devi (female) W/o Laxman Ram, Resident of Village - Anhari, P.S.- Riga, Dist.- Sitamarhi.

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

For the Petitioner/s :

Mr.Nivedita Nirvikar, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366 (A)/34 of the Indian Penal Code.

Prosecution case is that as per application of Rekha Devi given to the S.H.O., Mahila P.S., Sitamarhi, the petitioner alongwith Jawahar Rai and Ashok Rai had kidnapped her minor daughter namely, Manisha Kumari aged about 16 years on 24.03.2019 by way of inducement and she has apprehension that her minor daughter either may be married with Shivraj Rai or may be thrown in prostitution.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58005 of 2019(3) dt.16-11-2019 2/2 petitioner is innocent and has committed no offence rather has falsely been implicated in this case. The allegation against the petitioner is wrong, false and baseless. The victim has stated in her statement u/s 164 Cr.P.C. that the petitioner had taken her to Railway Station from where he was recovered by the police. No offence is at all made out in this case Learned counsel for the petitioner submits that in medical report, victim girl is aged about 20 years. Thus, the allegation leveled that the victim is a minor is falsified.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi (Bihar) in connection with Sitamarhi Mahila P.S. Case No. 10 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T