Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65740 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== VIKRAM KUMAR Son of Ram Pravesh Paswan Resident of VillageBariyarpur, P.S.- Rajapakar, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Mr. Nilesh Kumar, Advocate.

For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Rajapakar P.S. Case No. 81 of 2019, registered for the offences punishable under Sections 363, 366 (A) of the Indian Penal Code.

As per F.I.R. victim girl granddaughter-in-law of the informant was found traceless and for that a case against unknown has been lodged. It further appears that later on, the girl has been recovered and her statement under Section 164 Cr.P.C. has been recorded. It appears that she has gone with the petitioner and petitioner had physical relation with her. She has stated her age 15 years.

Submission of the learned counsel for the petitioner is that F.I.R. itself shows that the age of victim is 19 years and it further shows that no force was used for taking her and she has gone

Patna High Court CR. MISC. No.65740 of 2019(2) dt.21-10-2019 2/2 with the petitioner and there is allegation of physical relationship but the petitioner is major one. On the other hand, learned A.P.P has opposed the prayer of bail.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record without being prejudice by dismissal of this order, possibly on the same day. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T