Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27835 of 2020 Arising Out of PS. Case No.-96 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== VIKKY KUMAR S/o Vijay Chaudhary Resident of Village-Khilwat, P.S.- Bidupur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mrs. Jharkhandi Upadhayay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 364/34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that on 15.03.2020 he went to Dilawarpur Road near a road bridge and saw his daughter Aakanchha Kumari in an unconscious condition and found that her mouth was tied with Gamchha and also tapped. The police reached there and took his daughter to hospital for treatment and when the informant's daughter became conscious, she disclosed that she had gone to the shop of Sushil Kumar for purchase Mixture where Sushil Kumar took her in his room and tapped her mouth and put her in a bag. She

Patna High Court CR. MISC. No.27835 of 2020(3) dt.14-12-2020 2/2 cried but Vikky who was standing there did not save. Thereafter, both of them packed the bag and put the bag on motorcycle and took her and thrown her under the Puliya. It is further alleged that two months ago accused Vikky Kumar threatened the informant's wife with dire consequence, so the accused persons kidnapped his daughter with intent to murder. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that he has no concern with the alleged occurrence, no one has seen him either at the place of occurrence or with co-accused Sushil Kumar. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He further submits that petitioner is languishing in judicial custody since 17.03.2020.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected at this stage in connection with Bidupur P.S. Case No. 96 of 2020 pending before the court of the learned Sessions Judge Vaishali at Hajipur. (Anjani Kumar Sharan, J) devendra/- U T