Rahul Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82458 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== RAHUL KUMAR THAKUR SON OF RAJKUMAR THAKUR R/O VILLAGE- BAHARWAN, P.S.- RAHIKA, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Kaluahi P.S. Case No.127 of 2023, registered for the offence punishable under Sections 363, 366(A), 504 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he kidnapped the minor daughter of the informant for the purpose of marriage.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. It is further submitted that the victim girl was aged about 17 years and 6 months at the time of

Patna High Court CR. MISC. No.82458 of 2023(2) dt.05-01-2024 2/2 occurrence. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that the victim girl is a minor, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T