IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16690 of 2010
BIRU BABU MAHTO @ RANVIR KUMAR
S/O Janardhan Mahto, R/O Vill Sakrauli,
P.S. Cheriabariarpur, Distt Begusarai.
...........Petitioner.
Versus
THE STATE OF BIHAR
.....Opp. Party.
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03. 29.07.2010 Heard learned counsel for the petitioner and Additional
Public Prosecutor for the State.
The petitioner is one of the name accused in this case
initially instituted for the offence under Section 363/34 of the Indian
Penal Code, carries allegation of taking away the daughter of the
informant at about 11.00 p.m., when the prosecution side smelt
occurrence made attempt to caught hold, but the petitioner and his
associate succeed in their game. No doubt, there are some statements
of the victim on affidavit stating against her father, who was tried to
sent her to Ghanshyam Sah, but in statement under Section 164
Cr.P.C. of course recorded at her instance she has stated about her
abduction and gang rape by petitioner and another, during period of
abduction. From the order of the court below, it appears that age of
the victim was assessed between 15 to 17 years by medical board.
Considering the facts and circumstances of the case, I am
not inclined to grant the privilege sought to the petitioner, accordingly
the petition stands dismissed.
Praveen (Akhilesh Chandra,J.)