Patna High CourtCR. MISC./9162/2017dismissed

Kundan Kumar @ Kundan Thakur v. The State Of Bihar

2017-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9162 of 2017 Arising Out of PS.Case No. -217 Year- 2016 Thana -TEKARI District- GAYA ====================================================== Kundan Kumar @ Kundan Thakur Son of Late Umesh Mahto @ Chatpati, Resident of Village- Kushapi, P.S.- Takari, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 Heard the parties.

This application has been filed in connection with Tekari P.S. (Panchanpur) Case No.217 of 2016 for the offence under Sections 366(A)/120B of the Indian Penal Code. It is submitted on behalf of the petitioner that the only allegation against the petitioner is that he got the girl introduced to Nagendra Thakur and all the allegations are against Nagendra Thakur. It is further submitted that the petitioner has been falsely implicated in this case, who is in custody for more than one month Heard learned A.P.P. also, who has opposed the prayer for bail, stating that there is allegation against this petitioner also of kidnapping the victim girl.

Having heard both sides. From perusal of the statement

Patna High Court Cr.Misc. No.9162 of 2017 (2) dt.28-02-2017 2/2 made under Section 164 Cr.P.C. of the victim girl, in which she has stated that the petitioner along with two other persons had forcibly taken her out of the house and except this, there is no allegation against the petitioner.

Considering the aforesaid aspect of the matter, at this stage, I am not inclined to grant bail to the petitioner, however, the petitioner may renew his prayer for bail before the learned court below, after framing of the charge in this case. With the aforesaid observation, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U