Bhagwan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16459 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== BHAGWAN MISHRA son of Subhash Mishra @ Subhash Chandra Mishra Resident of Village - Sangrampur Mishra Tola, P.S. - Sangrampur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-01-2023 No one appears for the petitioner. Learned APP for the State is present.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366A and 34 of the Indian Penal Code.

As per the prosecution case, the 15 year old daughter of the informant disappeared and was not to be found inspite of search. It later transpired that she had been taken away by the accused persons including the petitioner herein for the purpose of marriage.

From perusal of the petition it transpires that the case of the petitioner is that he has been falsely implicated in the case. The victim is a lady of questionable character. The report

Patna High Court CR. MISC. No.16459 of 2022(4) dt.09-01-2023 2/2 about her missing was given to the police after a delay of 34 days. She is a major. The petitioner is in custody since 22.9.2021 and chargesheet has been submitted in the case. The petitioner has no criminal antecedent.

Heard learned A.P.P. for the State.

Having perused the material on record and having heard learned APP for the State, it transpires that the petitioner is a named accused in the FIR relating to kidnapping of the minor daughter of the informant and the victim has made direct allegation of rape against this petitioner. As such, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Spd/- U T