Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22464 of 2015 Arising Out of PS.Case No. -326 Year- 2012 Thana -CHAPRA TOWN District- SARAN ====================================================== Rajiv Kumar Son of Sri Shiv Dayal Sah Resident of Village - Aphaur, Police Station - Khaira, District - Saran at Chapra. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Kumar Yadav For the Opposite Party/s : Mrs. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 364 and 365 of the Indian Penal Code. The mother of the victim named the petitioner along with other accused persons and alleged that they all kidnapped her daughter. The victim was recovered and she also disclosed the name of the petitioner and other accused persons. It is submitted that the victim had fled away with Jai Prakash Singh, the brother of Om Prakash Singh (one of the named accused). No occurrence as alleged in fact took place. The petitioner has been falsely implicated in the case.

Having considered the facts that the mother of the victim has made very specific allegation against the petitioner that the petitioner and others kidnapped the victim and the victim also

Patna High Court Cr.Misc. No.22464 of 2015 (3) dt.08-10-2015 2/2 disclosed the name of the petitioner as one of her kidnappers, I am not inclined to enlarge the petitioner on anticipatory bail in Chapra Town P.S. Case No. 326/2012. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T