Shivu Kumar @ Shiboo Kewat @ Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38719 of 2013 ====================================================== Shivu Kumar @ Shiboo Kewat @ Shiv Kumar son of Mangal Kewat, resident of village Hansapur, P.S. Karande, District Sheikhpura .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-12-2013 Heard K.K. Pathak learned counsel for the petitioner and learned Additional Public Prosecutor for the State The petitioner is apprehending his arrest in connection with Sheikhpura P.S. Case No. 101 of 2011 for the offence punishable under Section 336-A of Indian Penal Code. The petitioner is charged with elopement with the daughter of the informant who is stated to be aged about 14 years and is yet traceless.

It is contended by Mr. Pathak appearing for the petitioner that the girl has married this petitioner and that a child was also born from the wedlock. He thus submits that sending this petitioner to the custody is not an answer to the grievance raised. Having heard learned counsel for the parties, this Court is of the opinion that since the girl is aged 14 years, any consent at that age becomes irrelevant.

Patna High Court Cr.Misc. No.38719 of 2013 (2) dt.24-12-2013 2 / 2 In the circumstances, no case for anticipatory bail is made out.

This application is dismissed.

The petitioner however, shall be at liberty to make his prayer for regular bail which shall be considered and disposed of on its own merits without being prejudiced by the order passed in the present case.

(Jyoti Saran, J) Bibhash/-