Mithilesh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33317 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- ANDHRAMATH District- Madhubani ====================================================== Mithilesh Kumar Das, S/o Upendra Lal Das, Resident of Village and P.S. Chhatapur, District Supaul.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2022 Heard learned counsel for the parties through virtual court proceedings.
The petitioner apprehend his arrest in Andhramath P.S. Case No.10 of 2020, registered for the offences punishable under Sections 363, 366 and 379 of the Indian Penal Code. The petitioner is said to have abducted victim Gauri Kumari and her son Mohit Kumar Das.
Learned counsel for the petitioners submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail application. It is submitted that the victim had gone with the petitioner out of her own free will and it is clear from her statement recorded under Section 164 Cr.P.C.
Patna High Court CR. MISC. No.33317 of 2021(2) dt.27-01-2022 2/2 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the victim has supported the case in her statement recorded under Section 164 Cr.P.C. in which she stated that the petitioner has forcibly taken her away.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
(Anjani Kumar Sharan, J.) Sanjay/- U T