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Patna High CourtCR. MISC./27091/2022dismissed

Manish Kumar v. The State Of Bihar

2022-09-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27091 of 2022 Arising Out of PS. Case No.-84 Year-2021 Thana- KURTHA District- Jehanabad ====================================================== MANISH KUMAR SON OF MAHENDRA KUMAR R/O VILLAGEMAHAWALIPUR, P.S.- PALI, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kunwar Digvijay Singh For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend his arrest in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

Allegedly, the petitioner alongwith other co-accused persons kidnapped the minor daughter of the informant. It is further alleged that one Awadhesh Kumar confessed that he dropped the victim at Dehri station and this fact was known to the petitioner.

Patna High Court CR. MISC. No.27091 of 2022(2) dt.06-09-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. There is a general and omnibus allegation against the petitioner. The petitioner and the informant are co-villagers. He further submits that the petitioner had no role in kidnapping the daughter of the informant. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail and submits that the victim is a minor and is still traceless.

Having regard to the facts and circumstances of the case, since the victim is a minor, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T