Mithilesh Kumar @ Babul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12625 of 2018 Arising Out of PS.Case No. -96 Year- 2017 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Mithilesh Kumar @ Babul Raj, S/o Sri Upendra Sharma, R/o VillageLakshminia, Ward No.14, P.S.- Gamharia, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Gamharia P.S. Case No.96 of 2017 instituted for the offence under Section(s) 366, 494/34 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, IV, Madhepura. In the written report, it is alleged that this petitioner with other accused persons had kidnapped the wife of the informant, Sunita Devi. It is alleged that mother of the informant has executed sale deed of 10 kathas of land in the name of her daughter-in-law and son-in-law. In the meantime, this petitioner developed illicit relation with her and kidnapped her. From the impugned order, it appears that victim has not been produced in the Court. She is still traceless.

Patna High Court Cr.Misc. No.12625 of 2018 (2) dt.08-03-2018 2/2 In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T