Patna High CourtCR. MISC./5177/2020dismissed

Vikash Kumar Choudhary @ Vikash Kumar v. The State Of Bihar

2020-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5177 of 2020 Arising Out of PS. Case No.-54 Year-2019 Thana- ANDHRATHARHI District- Madhubani ====================================================== VIKASH KUMAR CHOUDHARY @ VIKASH KUMAR Son of Santosh Choudhary Resident of Village-Andharathari, Police Station-Andharathari, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Bhushan Singh For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 The petitioner seeks regular bail in connection with Andharathari P.S. Case No. 54 of 2019, registered for offences punishable under Section 363 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of informant and it appears that earlier the case was lodged under Section 363 of Indian Penal Code but as the girl is minor aged about 16 years as assessed by the medical board, the chargesheet has been submitted under Section 366(A) of the Indian Penal Code. It further appears that the girl in her statement under Section 164 Cr.P.C. has supported the allegation of her kidnapping.

It has been submitted on behalf of the petitioner that there are contradictions in the statement of girl recorded under

Patna High Court CR. MISC. No.5177 of 2020(4) dt.28-02-2020 2/2 Section 164 Cr.P.C, as in her statement, she stated that she came to tea shop and informed about her kidnapping but the statement of tea shopkeeper was recorded, who disclosed that she had come along with her family members and they have taken tea also. Further submission is that petitioner has no criminal antecedent and he has been in custody since 25.11.2019. learned counsel for the State opposed the prayer for bail on the ground that the girl is minor and she has also supported the case of prosecution.

Having heard both sides, in view of the allegation , at this stage, I am not inclined to enlarge the petitioner on bail. This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T