Raushan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18657 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Raushan Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard.

The petitioner apprehends arrest in connection with Naokothi P.S.Case No.85 of 2017 pending in the Court of Sri Raghubir Prasad, Judicial Magistrate, Ist Class, Begusarai registered for an offence under Section 366(A) and 34 of the IPC. It appears that this petitioner is named in the FIR having specific allegation that he abducted the daughter of the informant with intention to marry her. The victim was subsequently recovered and her statement was recorded under Section 164 of the Cr.P.C. on 06.10.2017. She has stated that on 04.09.2017 this petitioner hurled threat and took her to Haryana where he assaulted and also established physical relation. The petitioner brought the victim to Begusarai. She was produced before the court and in course of her statement under Section 164 of the

Patna High Court Cr.Misc. No.18657 of 2018 (3) dt.03-05-2018 2/2 Cr.P.C. she disclosed her age as 18 years. However, the court below assessed her age as 16 years. She has supported the case of abduction and rape by this petitioner Considering the specific allegation of abducting and committing rape on minor daughter of the informant, I am not inclined to grant the privilege of anticipatory bail to the petitioner. Prayer is rejected.

(Sanjay Kumar, J) B.Kr./- U T