Patna High CourtCR. MISC./32952/2024dismissed

Kundan Kumar Jha v. The State Of Bihar

2024-07-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32952 of 2024 Arising Out of PS. Case No.-258 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Kundan Kumar Jha Son Of Ajay Kumar Jha R/O - Vill - Antaur, P.S- Bahera Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. Earlier prayer for bail of the petitioner was permitted to be withdrawn.

3. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

4. As per FIR, it is alleged that the minor daughter of the informant had gone to attend tuition classes but she did not return home till date. In course of search, the informant came to know that all the FIR named accused persons including the petitioner kidnapped her daughter.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.32952 of 2024(2) dt.19-07-2024 2/2 case. He submits that there is no specific overt act against the petitioner. He submits that there is specific allegation against coaccused Vishal Kumar Jha. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

6. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that the victim girl has supported the allegation against the petitioner in her statement recorded under Section 164 Cr.P.C.

7. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bahera P.S. Case No. 258 of 2022. (Anjani Kumar Sharan, J) devendra/- U T