Vikash Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.38603 of 2018 (2) dt.04-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38603 of 2018 Arising Out of PS.Case No. -72 Year- 2018 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Vikash Kumar Yadav S/o Ashok Kumar Yadav @ Ashok Yadav, R/o Vill.- Falgu P.S.- Nardiganj, District- Nawada..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Ram Mishra For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 04-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 17.3.2018, seeks bail in Laheri PS Case No. 72 of 2018 registered under Sections 365 and 366A of the IPC.

The allegation in brief is that the informant was kidnapped by the accused persons and the girl was recovered from the room of the petitioner from Kurukshetra in Haryana.

Learned Counsel for the petitioner submits that the petitioner was in Kurukshetra in Haryana in connection with preparation of his examination, the girl was brought there by the other co-accused and one of the co-accused Dinesh Kumar has been admitted to bail by a coordinate Bench of this Court.

Whereas learned Counsel appearing on behalf of the State submits that the girl was recovered from the possession of the petitioner, she has stated in her statement recorded under Section 164 Cr.P.C. that after kidnapping she was kept in the house of the petitioner and the police recovered her from there. Having considered the said facts and circumstances, and in particular statement of the girl and her recovery from the house of the petitioner, the prayer for bail of the petitioner is rejected. Snkumar/- (Arun Kumar, J) U T