Patna High CourtCR. MISC./87266/2019dismissed

Md. Gulab v. The State Of Bihar

2020-06-25Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87266 of 2019 Arising Out of PS. Case No.-732 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Md. Gulab, Son of Md. Phool Hasan @ Phul Hasan Resident of Sadatpur, P.S. - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-06-2020 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kanti P.S. Case No. 732 of 2019 dated 27.09.2019 instituted for the offences under Sections 366A, 120B and 34 of the Indian Penal Code. It has been alleged in the FIR that the minor daughter of the informant aged about 15 years was taken away by this petitioner for the purposes of marriage. The victim is said to have made statement under Section 164 Cr.P.C. in which also she has personally disclosed her age to be 15 years.

Some other grounds have been urged by the counsel for the petitioner but those may not be

Patna High Court CR. MISC. No.87266 of 2019(4) dt.25-06-2020 2/2 necessary to adjudicate this matter for the simple reason that the victim who is minor was taken away from the lawful custody of her parents.

Regard being had to the nature of accusation against the petitioner, I am not inclined to grant anticipatory bail to him.

Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, the same shall be considered on its own merits without being prejudiced by the fact that, the present petition has not been entertained.

(Ashutosh Kumar, J) krishna/- U T