IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1936 of 2011
Md. Faraz Ansari @ Faraz Shams ... ... Petitioner
-V e r s u s -
The State of Jharkhand ... ... Opposite Party
...
CORAM: - HON'BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner : Mr. C.S. Prasad, Advocate.
For the State: : APP
04/13.09.2011
The petitioner is accused in connection with Bariatu P.S. Case
No. 65 of 2011 [G.R. No. 1046 of 2011] registered under Sections 366A of
the Indian Penal Code, pending in the Court of Chief Judicial Magistrate,
Ranchi.
There is allegation against the petitioner that he induced Kavita
Kumari (daughter of the informant) and took her away with an intention to
marry her.
It is submitted that the victim girl in her statement under Sectin
164 Cr.P.C. has clearly stated that she was in love with the petitioner and
she left her home out of her sweet will. No case under Section 366A of the
IPC is made out.
Learned counsel for the informant opposed the prayer for
anticipatory bail and submitted that the girl was minor at the time of incident
and, therefore, her consent is no consent in the eyes of law.
Since the victim girl, on the date of incident, was considered to be
minor, I am not inclined to consider the prayer for anticipatory bail of the
petitioner under Section 438 Cr.P.C.. The prayer for anticipatory bail is
accordingly rejected.
(D. N. Upadhyay, J.)
RC