Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10408 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Shailendra Kumar, aged about 25 years (Male), Son of Shankar Mahto Resident of Village- Hussaina, P.S.- Medni Chowki, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Manish Kumar No2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Mednichowki P.S. Case No.23 of 2018, registered for the offence punishable under Sections 366(A), 504, 506 of the Indian Penal Code and under Section 2/8 of Protection of Children from sexual offences Act (POSCO Act). As per the FIR, two daughters of the informant became traceless, whereafter he received a telephonic call from mobile no. 9931607938, where the petitioner has disclosed his identity and stated that he has taken away both the daughters of the informant and if any police case will be instituted, then he will kill both the daughters. He further stated that after 4-5 days

Patna High Court Cr.Misc. No.10408 of 2019(2) dt.21-02-2019 2/2 they will be returned and later on, the petitioner has changed his mobile number.

Learned counsel for the petitioner submits that it was a case of love affair and daughters of the informant have already returned to their home. However, in the present case, the audacity of the petitioner is such a high that he has taken away two daughters of the informant and threatened the informant that if he will go for a police case, both the girls will be killed. Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.

(Shivaji Pandey, J) Pawan/ S. Katyayan U T