Suraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84673 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== SURAJ KUMAR SINGH Son of Sukdev Prasad Singh, Resident of VillageMasangaon, P.O. and Panchayat Mahesh Bathan, P.S.- Bahadurganj, DisttKishanganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-08-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Bahadurganj P.S. Case No.153 of 2019 registered under Sections 376, 341, 323, 428, 504, 506 and 34 of the Indian Penal Code. The informant alleged that the petitioner enticed her minor daughter and established physical relation with her on the pretext of marriage. When the informant approached the parents of the petitioner to solemnize marriage then all refused and demanded Rs.5 lacs for solemnizing marriage.

Mr. N.K. Agrawal, learned senior counsel for the petitioner submits that the victim is a consenting party. From perusal of the statement of the victim, it would appear that the victim herself took the mobile number of the petitioner from his

Patna High Court CR. MISC. No.84673 of 2019(5) dt.27-08-2020 2/2 cousin. She started talking with the petitioner. On call, she went to meet the petitioner. All these facts show that the victim is a consenting party and she established physical relation with the petitioner out of her free will, but it appears from perusal of the medical report that the victim is a minor girl aged between 1517 years. The victim also alleged that on the pretext of marriage, the petitioner established physical relation with her. Having considered the facts aforesaid and the fact that the victim is a minor girl, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by the order of this court.

(Prabhat Kumar Jha, J) Harish/- U T