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Patna High CourtCR. MISC./46589/2018dismissed

Golu Kumar Turi @ Golu Kumar v. The State Of Bihar

2018-09-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46589 of 2018 Arising Out of PS.Case No. -92 Year- 2017 Thana -LAXMIPUR District- JAMUI ======================================================

1. Golu Kumar Turi @ Golu Kumar S/o Braham Deo Turi, R/o Vill.- Harama Pahari, P.S.- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 The petitioner is apprehending his arrest in connection with Laxmipur P.S. Case No. 92/2017, registered for offences punishable under Sections 366A, 448 and 380/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor daughter of the informant and also allegation of committing rape upon her.

Submission of learned counsel for the petitioner is that there was love affair between the petitioner and daughter of the informant and the petitioner has falsely been implicated in this case.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner by stating that the victim girl

Patna High Court Cr.Misc. No.46589 of 2018 (3) dt.06-09-2018 2/2 named the petitioner in her statement recorded under Section 164 Cr.P.C. that the petitioner has committed rape upon her. Having heard both sides, considering the facts and circumstances of the case and the statement of victim girl recorded under Section 164 Cr.P.C., I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and pray for regular bail, which would be considered on the merit of the case.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T