Subrato Vishwas @ Dr. Subrato Vishwas @ Subrata Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54959 of 2018 Arising Out of PS. Case No.-60 Year-2016 Thana- RAMNAGAR District- West Champaran ====================================================== Subrato Vishwas @ Dr. Subrato Vishwas @ Subrata Biswas S/o Gokul Bishwas , R/o Pathuriya, P.S.- Halencha Bagada, District- North, 24 Pargana, West Champaran.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner. No one appears on behalf of the State.

The petitioner apprehends his arrest in connection with Ramnagar P. S. Case No. 60 of 2016 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code. Learned counsel for the petitioner submits that from the first information report itself it will appear that the daughter of the informant had received a call on the mobile at about 11:04 a.m. and thereafter, she left her house on her own will. Learned counsel submits that she was in love with this petitioner and the petitioner had given her to understand that he would marry her. Learned counsel submits that from the medical report also it appears that age of the victim girl was assessed above 17 and below to 19 years, therefore, it cannot be said that she was not aware of the consequences. The victim girl was recovered from the house of the petitioner.

Patna High Court Cr.Misc. No.54959 of 2018(4) dt.15-01-2019 2/2 No one appears on behalf of the State to oppose this application.

Although certified copy of statement of victim recorded under Section 164 Cr.P.C. has not been enclosed with the petition, however, in course of hearing learned counsel for the petitioner read over the statement recorded under Section 164 Cr.P.C. by the learned Magistrate. A perusal thereof gives an impression to this Court that there are some allegations which indicate that it would not be a fit case for grant of privilege of anticipatory bail to the petitioner. The prayer of bail is, thus, refused.

In case the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, his prayer for regular bail shall not be refused in a routine manner. The learned court below shall consider the entire materials available on the record including the aforesaid submissions of learned counsel for the petitioner and shall pass appropriate order thereafter. This application stands disposed off.

(Rajeev Ranjan Prasad, J) avin/- U T