Patna High CourtCR. MISC./11664/2020bail rejected

Choutham Yadav @ Soutam Yadav v. The State Of Bihar

2020-11-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11664 of 2020 Arising Out of PS. Case No.-21 Year-2019 Thana- DHURAIYA District- Banka ====================================================== Choutham Yadav @ Soutam Yadav aged about 36 years Son of Patto Yadav Resident of Village - Kushmaha, P.S.- Dhoraiya, District - Banka ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party :

Mr.Md. Ataur Rahman, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and the State via Video Conferencing.

Petitioner apprehends arrest in a case registered for the offenses punishable under Sections 363,366A/34 of the Indian Penal Code.

Prosecution's case in brief is that on 20.1.2019 at 8 am 16 years old informant's daughter got missing and on search the informant got information that the FIR named accused persons including the petitioner have kidnapped her for the propose of marriage.

Learned counsel for the petitioner submits that the petitioner and the informant are next door neighbour and gotia and there is previous enmity between them. Petitioner happens to be the uncle of the victim and in this view of the matter, allegation of committing such offence by the petitioner appears to be improbable. Petitioner has got no criminal antecedent. Learned counsel for the State opposes the prayer for bail. He refers to section 164 Cr.P.C. statement of the victim in

Patna High Court CR. MISC. No.11664 of 2020(6) dt.06-11-2020 2/2 which she has supported the prosecution's case. Considering the gravity of the allegation against the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T