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Patna High CourtCR. MISC./10914/2017rejected

Dharmendra Thakur v. The State Of Bihar

2017-03-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10914 of 2017 Arising Out of PS.Case No. -114 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dharmendra Thakur, son of Binda Thakur, resident of Village- Dubey Tola (Madhubani), P.S.- Sangrampur, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Virendra Kuar, Adv. For the Opposite Party/s : Mrs. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-03-2017 Heard both sides.

The petitioner apprehends his arrest in Sangrampur P.S. Case No. 114/2015, registered for the offences punishable under Sections 366A and 372 of the Indian Penal Code. The informant named the petitioner along with other accused persons and alleged that they kidnapped his minor daughter.

Learned counsel for the petitioner submits that the occurrence took place on 10.08.2015, but the F.I.R. was lodged on 13.08.2015. The victim returned herself, but she made her statement under Section 164 Cr.P.C. on 21.09.2016 i.e. more than a year after the occurrence, but it appears that the informant made

Patna High Court Cr.Misc. No.10914 of 2017 (2) dt.27-03-2017 2/2 specific allegation that it was the petitioner with the help of others kidnapped the victim. During the course of investigation, witnesses also reiterated the same facts.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T