Pramod Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18881 of 2020 Arising Out of PS. Case No.-1103 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== PRAMOD MALLIK Son of Late Fagu Mallik Resident of Village - Shiyaram Chowk, Shivpuri, P.S.- Saharsa, District - Saharsa. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Aditya Abhishek, Advocate For the Opposite Party :

Mr.Madan Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Section 366A and other allied sections of the Indian Penal Code and under section 8 of the POCSO Act.

Prosecution's case, in brief, is that the petitioner and other accused persons kidnapped informant's minor daughter aged 17 years when she had gone to attend the Coaching Class, who is still traceless.

Learned counsel appearing for the petitioner, denying the allegations, submits that the petitioner has falsely been implicated in this case. Petitioner has got no criminal antecedent and he is in custody since 7.1.2020. FIR has been lodged after 9 days of occurrence without the explanation.

Patna High Court CR. MISC. No.18881 of 2020(3) dt.10-07-2020 2/2 Learned counsel for the State points out that during investigation it has come in the case diary that the petitioner and other accused conspired and kidnapped the victim who is still traceless.

In view of the allegation against the petitioner as well as the fact that the victim is still traceless, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Shashi U T