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Patna High CourtCR. MISC./46133/2017dismissed

Chhotu Yadav @ Manish Yadav v. The State Of Bihar

2017-09-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46133 of 2017 Arising Out of PS.Case No. -212 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Chhotu Yadav @ Manish Yadav, son of Mahesh Yadav, resident of Village- Khagaur (Hakimganj), P.S.- Lakhisarai, District- Lakhisarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Lakhisarai P.S. Case No. 212 of 2017 registered for the offences punishable under Sections 363, 366A and 120B of the Indian Penal Code.

Allegation against the accused persons, including the petitioner is of kidnapping minor girl of the informant. Submission of learned counsel for the petitioner is that the girl is not minor, rather she is a married lady and major. Further submission is that there is contradiction in the statement of victim girl under Section 164 Cr.P.C. and the FIR and the statement of victim girl does not show any illegal act committed by the petitioner and petitioner is in custody since 24.5.2017.

Patna High Court Cr.Misc. No.46133 of 2017 (3) dt.22-09-2017 2/2 Heard learned APP also.

Having heard both sides and in view of facts and circumstances, at this stage I am not inclined to grant bail to the petitioner. However, petitioner may renew his prayer for bail after charge has been framed in this case before the court below and bail application of the petitioner shall be considered on the basis of materials available on record and the court below will pass appropriate order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U