Kamlesh Choudhary @ Kamlesh Kr.Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.47589 of 2016 (2) dt.15-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47589 of 2016 Arising Out of PS.Case No. -176 Year- 2016 Thana -FALKA District- KATIHAR ====================================================== KAMLESH CHOUDHARY @ KAMLESH KR.CHOUDHARY, Son of Late Shankar Choudhary, Resident of Village- Tikapatti Chandpur, P.S. Falka (Pothia) District Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Falka (Pothiya) P.S. Case No. 176 of 2016 registered for the offence punishable under Sections 364/34 of the Indian Penal Code. Allegedly, Deepa Devi and her daughter Kanak Kumari aged one and half years used to be tortured by the petitioner and others and thereafter, both were kidnapped with intention to kill them by the petitioner and others.

Submission is of false implication and that this is a case under Section 498A IPC and colour has been given to kidnapping, the statement of the victim Deepa Devi has been recorded under Section 164 Cr.P.C. wherein at last she has stated that demand of Rs. 2 lakh was made and the statement appears not probable and

Patna High Court Cr.Misc. No.47589 of 2016 (2) dt.15-12-2016 reliable that the petitioner being husband kidnapped her and his own daughter and kept them confined in a room for six days, all the allegations appears not reliable and probable and the FIR has been lodged after delay of five days and as such the petitioner deserves sympathetic consideration to which the learned APP duly assisted by learned counsel for the informant opposes by submitting that both the victim were kidnapped on Bollero vehicle by the petitioner and were kept confined in a room for six days where Deepa Devi was assaulted brutally and she has shown the sign of wound to the learned Magistrate.

In the facts and circumstances stated above, I am not inclined to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T