Chandan Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3587 of 2018 Arising Out of PS.Case No. -684 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================
1. Chandan Chauhan, S/o Mithilesh Chauhan, resident of VillageJamuhara, P.S.- Obra, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chakravarti Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Dehari P.S.Case No.684 of 2017 registered for offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.
Petitioner is not named in the FIR and the allegation against him is of kidnapping the minor daughter of the informant. Submission of the learned counsel for the petitioner is that the girl has not named this petitioner in her statement recorded under Section 164 Cr.P.C. and further he was not present at the place of occurrence and he has filed a certificate, which is annexed as Annexure-3 to the petition. The petitioner has prayed for anticipatory bail.
Patna High Court Cr.Misc. No.3587 of 2018 (2) dt.01-02-2018 2/2 Heard learned A.P.P. also.
Having heard both sides and from perusal of the record, it appears that though the girl has not named this petitioner in her statement but she has stated about one more boy was there and he had hidden his face and the petitioner is named in the FIR. The case is of kidnapping of the daughter of the informant, as such, let the petitioner surrender before the court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit, without being prejudiced by the order of this Court. With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T