Patna High CourtCR. MISC./7108/2017rejected

Vikash Kumar @ Vishal Kumar v. The State Of Bihar

2017-03-24Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7108 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Vikash Kumar @ Vishal Kumar Son of Debnandan Mahto @ Debnand Mahto resident of Village - Rasulpur, Jilani Manjholiya Road, In-side of Bachpan School, House of Gopalji Srivastava, Police Station - Kazi Mohammadpur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Kazi Mohammadpur P.S.Case No. 229 of 2016 registered for the offences punishable under sections 363, 366A of the Indian Penal Code.

Allegedly, the petitioner and others kidnapped the daughter of the informant. During investigation the victim girl was released and her statement has been recorded under sections 161 and 164 of the Cr. P.C wherein she stated that the petitioner made

Patna High Court Cr.Misc. No.7108 of 2017 (3) dt.24-03-2017 2/2 her senseless and kidnapped her. The victim stated her age as 19 years.

Submission is of false implication and that there was love affair between the petitioner and the victim and both have performed marriage. There are joint photographs of the marriage but as the petitioner belongs to different caste, so the father of the victim did not agree with that marriage and instituted a false case. The petitioner has committed no offence as such he deserves sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail by submitting that the victim has made allegation of her kidnapping by the petitioner.

In the facts and circumstances stated above, and considering the allegation, I am not inclined to enlarge the petitioner above named on anticipatory bail and accordingly, such prayer of the petitioner stands rejected.

(Jitendra Mohan Sharma, J) N.K/- U T