Mithilesh Singh @ Mithlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31502 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -DARIYAPUR District- SARAN ====================================================== MITHILESH SINGH @ MITHLESH SINGH Son of Late Kamla Singh resident of Village- Saraiya, Police Station- Dariyapur and District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv. For the Opposite Party/s : Mr. Arun Kr.Singh 5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-10-2016 Heard both sides.
The petitioner apprehends his arrest in Dariyapur P.S. Case No. 122/2016, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. The informant alleged that custody of Monika Kumari was handed over to the petitioner and others in pursuance of the order of this court passed in Cr. Misc. No. 4600/2016 as the girl was found minor. The court at the time of handing over the custody to the petitioner and others directed to produce the girl on the next day of attaining majority, but the petitioner did not produce the girl in court and filed complaint petition no. 1132/2016 on the basis of which the F.I.R. was lodged stating therein that the girl was under treatment of doctor in Sadar
Patna High Court Cr.Misc. No.31502 of 2016 (4) dt.20-10-2016 2/2 hospital Chhapra from where some boy took her away. Girl is still traceless.
It appears that since the girl was minor therefore, in pursuance of the order of this court the learned lower court handed over the custody of the girl to the petitioner and his family members from where the girl is traceless and she is still missing. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) Vinita/- U T