Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6386 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== Amit Kumar Singh S/O Arun Kumar Singh VILLAGE- CHIMANPUR, PS. PIPRAHI, DIST. SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Bhanu Pratap Singh For the Informant :

Mr.Ritesh Kumar Narain Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

Petitioner is apprehending his arrest in connection with Suppi P.S. Case No.18 of 2023, registered for the offence punishable u/s 363, 366A/34 of the IPC and section 8 of the POCSO Act.

3.

As per the prosecution case, petitioner along with other co-accused are alleged to have forcibly kidnapped the minor daughter of the informant and when the informant tried to save her, they assaulted him.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.6386 of 2024(4) dt.26-04-2024 2/3 motive. No such occurrence in the manner as alleged has ever taken place. It is submitted that the victim along with coaccused Ashutosh Kumar Singh @ Chotu were apprehended by the Police from Kolkata and the victim has been sent to Child Welfare custody in the district of West Bengal and the Child Welfare Police Officer of the concerned area got recorded the statement of the victim and kept the victim in the Child Welfare custody on 29.01.2023 and thereafter, she was sent to Sitamarhi, Child Welfare Custody from where the parents of the victim took her to their house without giving information to the Suppi Police Station. It is further submitted that there is no specific allegation against the petitioner. Petitioner has no criminal antecedent and two of the co-accused have been granted anticipatory bail by this Court vide order dated 11.12.2023 passed in Cr. Misc. No.51480/2023.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is allegation against the petitioner and other co-accused to have kidnapped the minor daughter of the informant. It is further submitted that the case of the co-accused who have been granted anticipatory bail by this Court is different from this petitioner as there is allegation against this petitioner to be

Patna High Court CR. MISC. No.6386 of 2024(4) dt.26-04-2024 3/3 involved in kidnapping the daughter of the informant. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T