Krishna Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12873 of 2021 Arising Out of PS. Case No.-56 Year-2020 Thana- SALAKHUA District- Saharsa ====================================================== KRISHNA NANDAN KUMAR S/o Permanand Yadav R/o Uteshra, P.S.- Salkhua, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Salkhua P.S. Case No. 56 of 2020 registered under Sections 363, 366A and 34 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons forcibly abducted the minor daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to previous enmity. The allegation of abduction is denied by the petitioner. The alleged occurrence is said to have taken place on 25.02.2021 for which case was instituted on

Patna High Court CR. MISC. No.12873 of 2021(2) dt.16-12-2021 2/2 01.03.2020. The delay in lodging the case has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has alleged sexual assault made to her by the petitioner. Considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected.

(Sudhir Singh, J) Pankaj/- U T