Patna High CourtCR. MISC./17203/2018rejected

Congress Prasad v. The State Of Bihar

2018-04-09Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17203 of 2018 Arising Out of PS.Case No. -857 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Congress Prasad S/o Chalitar Prasad @ Charitar Jamadar, R/o MohallaGandhi Asram back to Khadi Bhandar, P.S.- Hajipur Town, DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Hajipur Town P.S. Case No. 857 of 2017 for the offences punishable under sections 365 and 366 A/34 of the I.P.C.

The petitioner is not named in the FIR but the victim in the statement recorded under section 164 of the Cr. P.C. has stated that Ramesh and his father (petitioner) brought her at their house and caused threats to kill her and her parents if she will state about the occurrence.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.17203 of 2018 (2) dt.09-04-2018 2/2 petitioner is the father of co-accused Ramesh and due to that reason he has been made accused, the petitioner has got no concern with the alleged kidnapping, the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering the statement of the victim girl recorded under section 164 of the Cr. P.C. I am not inclined to grant privilege of prearrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Vaishali at Hajipur.

(Jitendra Mohan Sharma, J) Abhay/- U T