Vipin Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15567 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== Vipin Das S/O Anil Das Resident of Village- Bhagwanpur Desua, P.S.- Ujiyarpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ujiyarpur P.S. Case No. 159 of 2022 lodged under Sections 363 & 366A/ 34 of the I.P.C.

As per the prosecution case, the allegation of kidnapping against the daughter of the informant is there against five accused persons including the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel further submits that this case is of 02.05.2022 but F.I.R. has been lodged on 04.05.2022. Counsel also submits that the alleged girl has returned on 04.05.2022 itself, thereafter this

Patna High Court CR. MISC. No.15567 of 2023(3) dt.05-06-2023 2/2 case has been filed. Counsel further submits that petitioner is innocent and has committed no offence. Counsel submits that the antecedent of the petitioner is clean and he is in custody since 26.10.2022. Counsel submits that charge-sheet has already been submitted in this case.

Learned counsel for the State opposes the prayer for bail and submits that the statement of victim recorded under Section 164 of Cr.P.C., she has made specific allegation against the petitioner.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present and, therefore, his bail petition is hereby rejected.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge and the Trial Court is directed to release him on bail, thereafter imposing its own conditions so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T