Krishan Kumar Mahton @ Kishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3319 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- PARBATTA District- Bhagalpur ====================================================== KRISHAN KUMAR MAHTON @ KISHAN KUMAR Son of Sikander Mahto Resident of Village - Bindtoli, Raghopur, P.S.- Parbatta, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-09-2020 This matter has been taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with Parbatta P.S. Case No.55 of 2019, registered for the offences punishable under Sections 363/366A/34 of the Indian Penal Code and Section 8 of the POCSO Act. Allegation against the petitioner is of kidnapping of the minor daughter of the informant. The victim girl, in her statement under Section 164 Cr.P.C., disclosed her age as 13 years. Learned Magistrate also assessed her age as 13 years. She alleges that the petitioner had induced her to go to
Patna High Court CR. MISC. No.3319 of 2020(3) dt.16-09-2020 2/2 Himanchal Pradesh. When criminal case was lodged by the parents petitioner left her along with an unknown person. Learned counsel for the petitioner submits that in fact the victim was a consenting party and in her statement under Section 161 Cr.P.C. before the police she had stated that as mother had scolded her she left the house. Since more trustworthy statement of the victim before the Magistrate discloses allegation of commission of her kidnapping by the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be considered without being prejudiced by the order of this Court considering the fact that it was a case of simple kidnapping and no other allegation is there.
(Birendra Kumar, J) Mkr./- U T