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Patna High CourtCR. MISC./46005/2018disposed

Mukesh Kumar v. The State Of Bihar

2018-08-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46005 of 2018 Arising Out of PS.Case No. -448 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Mukesh Kumar, Son of Birendra Sah, Resident of Village- Nimoiya, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra verma,Advocate Mr. Abhshek Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Motihari Muffasil P.S.Case No. 448 of 2016, registered for offences punishable under Sections 366 (A)/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is of kidnapping the minor daughter of the informant. Submission of the learned counsel for the petitioner the petitioner has falsely been implicated in this case and victim girl has not stated about the sexual harassment in her statement under Section 164 Cr.P.C. It is further submitted that the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.46005 of 2018 (2) dt.08-08-2018 2/2 circumstances, as discussed above, let the petitioner, above named, surrenders before the court below within a period of six weeks from the date of the order and pray for regular bail, which will be considered by the trial court on the basis of submission made above and considering the same, the court below shall dispose of the prayer for bail of the petitioner, if possible on the same day.

This application is accordingly disposed of on the same date.

(Vinod Kumar Sinha, J) Sudha/- U T