Rahul Kumar @ Rahul v. The State Of Bihar

Patna High Court Cr.Misc. No.16617 of 2018 (3) dt.08-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16617 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Rahul Kumar @ Rahul, son of Ramakant Rai, resident of VillageChandrabhanpati, P.S.- Karaghat (Badahari O.P.), District- Rohtas, at present village- Kukurha, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Karaghar (Badahari OP) P.S.Case nO.03 of 2018 registered for offences punishable under Sections 366(A) of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the girl of the informant.

Submission of the learned counsel for the petitioner is that there is delay of 19 days in lodging the FIR and the girl has been recovered form Sasaram whereas under Section 164 Cr.P.C. she has been recovered from Ludhiana and the petitioner has been falsely implicated in this case. It is further submitted that earlier another FIR had also been lodged with respect to the same case.

Patna High Court Cr.Misc. No.16617 of 2018 (3) dt.08-05-2018 Heard learned A.P.P. also stating that under Section 164 Cr.P.C. She made allegation of rape as well torture also. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of the anticipatory.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T