Bhairo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49913 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -SHRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhairo Chaudhary Son of Late Bridhyanath Chaudhary Resident of village - Shrinagar, Police Station Shrinagar Pujhan, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-12-2016 Heard both sides.

The petitioner apprehends his arrest in Shrinagar Pujahan P.S. case No. 37 of 2016 under Section 366 of the Indian Penal Code.

The informant named the petitioner and others and alleged that they kidnapped the victim.

The learned counsel for the petitioner submits that petitioner is uncle of Ramesh Choudhary. The victim had love affairs with Ramesh Choudhary. The victim left her house voluntarily and fled away with Ramesh Choudhary. The petitioner is living separately and he has no manner of concern with Ramesh Choudhary but it appears that victim made her statement under

Patna High Court Cr.Misc. No.49913 of 2016 (2) dt.22-12-2016 2/2 Section 164 of the Cr. P. C. and she disclosed that petitioner was also one of her kidnappers.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned Chief Judicial Magistrate, West Champaran at Bettiah in Shrinagar Pujahan P.S. case No. 37 of 2016, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T