Patna High CourtCR. MISC./30766/2023rejected

Sankalap Kumar @ Golu Kumar v. The State Of Bihar

2023-07-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30766 of 2023 Arising Out of PS. Case No.-861 Year-2022 Thana- FATUA District- Patna ====================================================== SANKALAP KUMAR @ GOLU KUMAR SON OF LATE JITENDRA SINGH R/O VILLAGE- DAULATPUR BARIYO KHURD, RANA TOLA, P.S.- FATUHA, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajeet Kumar Bhardwaj, Adv.

For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 29.11.2022 in connection with Fatuha P.S. Case No.861/2022, dated 25.11.2022, for the offences punishable under Sections 363 and 365 of the IPC.

3. According to prosecution case, the petitioner is alleged to have kidnapped the minor son of the informant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.30766 of 2023(3) dt.25-07-2023 2/2 petitioner has not committed any offence as alleged in the F.I.R.

5. Learned counsel for the informant as well as learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case dairy vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered and his statement under Section 164 Cr.P.C. was recorded, in which he has categorically stated that the petitioner has abducted him and the petitioner was arrested from the place of recovery along with victim.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Fatuha P.S. Case No.861/2022, pending in the court of learned Additional Chief Judicial Magistrate, Patna City.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T