Vikas Kumar @ Munna @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5985 of 2023 Arising Out of PS. Case No.-715 Year-2022 Thana- NAGAR District- Vaishali ====================================================== VIKAS KUMAR @ MUNNA @ MUNNA KUMAR Son of Rampravesh Rai R/o- Geyaspur, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Hajipur Town PS case no. 715 of 2022, registered for the offences punishable under Sections 365, 366 of the Indian Penal Code.
The case of the prosecution in brief, according to the informant, is that on 20.09.2022 at about 11.30 am in the morning, the daughter of the informant had gone to her friend's house, however, when she did not return, search was made and it transpired that the petitioner has kidnapped her. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned
Patna High Court CR. MISC. No.5985 of 2023(2) dt.18-05-2023 2/3 counsel for the petitioner has further submitted that the victim girl and the petitioner were having a love affair and they have also solemnized marriage on 22.09.2022, hence, a sympathetic view be taken and the petitioner be admitted to the privilege of anticipatory bail.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted by referring to the impugned order dated 15.12.2022 that firstly, the petitioner has admittedly kidnapped the victim girl and secondly, the victim girl, in her statement made under Section 164 Cr.P.C., before the learned Magistrate, has stated that she was forced to go with the petitioner since he used to threaten to kill her brother, whereafter, the petitioner had taken her to Surat and then to his village, however, upon the victim girl disclosing her location, her mother, father and brother had arrived there and taken her back to her home and since then, she is staying with her parents.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the victim girl, in her statement made under Section 164 Cr.P.C. before the learned
Patna High Court CR. MISC. No.5985 of 2023(2) dt.18-05-2023 3/3 Magistrate, has categorically stated that the petitioner had forcibly kidnapped her and taken her away, a prima facie case of kidnapping is definitely made out as against the petitioner herein, hence, the present case is not a fit case for grant of anticipatory bail, thus the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T