Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14438 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Ankit Kumar S/o Sanjay Kumar Singh @ Sanjay Singh R/o Vill - Hraj P.S. - Shikarganj (Chiriya) Dist. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Chiraiya (Shikarganj) P.S. Case No. 312 of 2023 registered on 26.06.2023 lodged under Sections 366A/34 of the I.P.C. and S4/8 of POCSO Act.
3. As per the prosecution case, F.I.R. has been lodged against the present petitioner along with one other with an allegation that they have kidnapped the daughter of the informant twice, but subsequently, under pressure, they have returned the daughter of the informant.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 27.06.2023 having two criminal case
Patna High Court CR. MISC. No.14438 of 2024(3) dt.24-04-2024 2/3 pending against him but he specifically mentioned in paragraph 12 of the writ petition that in both cases, the petitioner was acquitted, moreover, in one case wrong case number has been provided. He submits that the petitioner and accused are the resident of the same village and they are well known to each other. He submits that though his name has been given in the F.I.R. but in the case diary there is no role of the petitioner save and except, he was sitting on the vehicle by which victim is alleged to be kidnapped and returned.
5. Learned counsel for the informant opposes the prayer for bail and submits that the role of the present petitioner is that he was sitting in the vehicle by which the alleged crime has been committed.
6. Learned counsel for the State opposes the prayer for bail and submits that the case diary as well as statement under Section 164 of the Cr.P.C. has been called for.
7. Upon perusal of the statement under Section 164 Cr.P.C., it transpires to this Court that the involvement of the petitioner is also there in the commission of the crime. As they both were planning to sale the informant as stated by the Vehicle
8. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner. However,
Patna High Court CR. MISC. No.14438 of 2024(3) dt.24-04-2024 3/3 petitioner is at liberty that he may renew his prayer for bail after six months from today.
(Dr. Anshuman, J) Sunnykr/- U