Application for anticipatory bail in case involving kidnapping, forcible marriage, and sexual offence allegations dismissed as petitioner's complicity was evident on record.
No relief granted to the applicant; bail application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17045 of 2020
Arising Out of PS. Case No.-264 Year-2019 Thana- LAKHISARAI District- Lakhisarai
======================================================
RAHUL KUMAR S/o Late Mithu Ram Resident of Village- Pachna Road, Bishari Stan, P.S.- Kabiya, Distt- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 01-12-2020
This is an application for grant of anticipatory bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 264 of 2019 registered for the offence punishable under Sections 366(A), 506 and 34 of the Indian Penal Code.
The petitioner along with the other accused persons are alleged to have kidnapped the minor daughter of the informant by enticing her when she had gone to learn computer near the Exchange Office on 18.03.2019.
The learned counsel for petitioner has
Patna High Court CR. MISC. No.17045 of 2020(5) dt.01-12-2020 2/3
submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner and the victim girl have solemnized marriage and they are living peacefully as also the victim girl is a major, hence, she is free to act according to her wisdom.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also the case diary in question, this Court finds from the statement made by the victim girl under Section 164 Cr.P.C., before the learned Magistrate that the petitioner has been alleged to have forcibly kidnapped the victim girl and taken her to some unknown place where the petitioner had forcibly established physical relationship with her and then, the victim girl is stated to have been taken to Haridwar where he had forcibly solemnized marriage with her, hence, this Court
Patna High Court CR. MISC. No.17045 of 2020(5) dt.01-12-2020 3/3
finds that the complicity of the petitioner is writ large on the records and prima facie, a case is definitely made out against the petitioner for the offences alleged, thus, I do not find any merit in the present petition, accordingly, the present petition stands dismissed.
(Mohit Kumar Shah, J)
Ajay/- U T
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving kidnapping, forcible marriage, and sexual offence allegations.
Whether the complicity of the petitioner based on the victim's statement justifies dismissal of the bail application.
Rahul Kumar
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
