Virendra Prasad @ Sukhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56896 of 2018 Arising Out of PS.Case No. -199 Year- 2018 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Virendra Prasad @ Sukhu, son of Late Mahendra Prasad, resident of village Chaklodipur, P.S. Ekangarsarai, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the State : Mr. Binod Kumar-2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Hilsa P.S. Case No.199 of 2018 registered under Sections 363 and 365/34 of the Indian Penal Code and Sections 3 and 4 of Prohibition of Child Marriage Act.

It is submitted by the learned counsel for the petitioner that there is undue delay in recording the statement of the victim under Section 164 of the Code of Criminal Procedure. It is further contended that it is not a case of abduction for the purpose of marriage rather it is a case of love affair as the victim had eloped out of her own sweet will with the daughter of the

Patna High Court Cr.Misc. No.56896 of 2018 (2) dt.06-10-2018 2/2 informant and had married him in a temple.

Regard being had to the specific allegation made against the petitioner that he abducted the minor brother of the informant for the purpose of marriage with his minor daughter and on recovery his brother aged about fourteen years made his statement under Section 164 of the Code of Criminal Procedure that he was administered cold drink by the petitioner and one Binay Yadav whereafter he lost his consciousness and when he regained consciousness he found that he was being married to a girl in Burhwa Mahadev Mandir, Hilsa and next day he was released, I am not inclined to grant him pre-arrest bail. Accordingly, the application for grant of pre-arrest bail to the petitioner is rejected.

(Ashwani Kumar Singh, J) Md.S./- U T