Angul Kumar @ Abhishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74951 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== Angul Kumar @ Abhishant Kumar (M) age 21 years, son of Ramashish Chourasia, resident of village - Sanjat, P.S. - Bhagwanpur, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2019 Petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 129 of 2019 registered for the offence punishable under Sections 120(B), 504, 506, 363, 364, 366 of the Indian Penal Code, 1860.

The allegation against the petitioner is that the petitioner abducted the minor daughter of the informant along with other accused persons.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch the petitioner has solemnized marriage with the victim girl and in support thereof learned counsel for the petitioner has placed reliance on Annexure- 2 to the petition which is an affidavit allegedly sworn by the victim girl stating therein that she has performed marriage with the petitioner. Learned counsel further relying upon Annexure- 3 to the petition submits that the victim girl has lodged an informatory petition before the court of S.D.O., Teghra on 14.03.2018 regarding apprehension of the

Patna High Court CR. MISC. No.74951 of 2019(2) dt.18-12-2019 2/2 victim that the victim girl and her husband would be falsely implicated in the case by their family members. Learned counsel relying upon Annexure- 4 to the petition which is the statement of the victim girl recorded under Section 164 of the Cr.P.C. submits that the victim girl under the pressure of the family members has stated against the petitioner. Learned counsel relying upon Annexure- 5 to the petition submits that the victim girl is major inasmuch as the doctor has opined her age in between 17-19 years.

Having heard learned counsel for the parties and taking into consideration the fact that the victim girl in her statement recorded under Section 164 of the Cr.P.C. at Annexure -4 has stated that she was abducted against her will by the petitioner and the petitioner also established physical relation with the victim girl without her consent by putting pressure, I am not inclined to grant anticipatory bail to the petitioner and the same is hereby rejected.

(Anil Kumar Sinha, J) praful/- U