Patna High CourtCR. MISC./21290/2019bail rejected

Sanoj Kumar v. The State Of Bihar

2019-04-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21290 of 2019 Arising Out of PS. Case No.-136 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Sanoj Kumar, aged about 21 years (Male), son of Lalan Kumar Yadav, Resident of Village- Kusthan, P.S-Bihariganj, District- Madhepura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bihariganj P.S. Case No. 136 of 2018, registered for the offence under Sections 323, 341, 363 and 365/34 of the Indian Penal Code.

Allegation has been made against the petitioner to have kidnapped the son of the informant.

Learned counsel for the petitioner submits that the petitioner has wrongly been implicated in the present case as the kidnapped boy has made a phone call to the petitioner that he has been kidnapped by some unknown persons. He further submits that the statement of the boy has been recorded after one month and three days.

Patna High Court CR. MISC. No.21290 of 2019(2) dt.05-04-2019 2/2 It appears from the record that the victim boy has fully supported the alleged incident and also disclosed the name of the present petitioner.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. While deciding the bail petition, the Court below will also consider the fact that co-accused has been granted anticipatory bail by this Court.

(Shivaji Pandey, J) pawan/- U T