Gautam Kumar @ Gautam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31723 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== GAUTAM KUMAR @ GAUTAM KUMAR SINGH son of Krishana Singh @ Anupam Kumar Village- Bakhari Barai Ps- Rajapakar Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 366, 34 of the Indian Penal Code.

3. Allegation against this petitioner is that he along with other co-accused person kidnapped the minor daughter of the informant.

4. It is submitted on behalf of the petitioner that entire prosecution case is false and concocted. In this case F.I.R. has been lodged after a delay of five days and there is no explanation for the same which itself creates doubt about the veracity of the occurrence.

5. Learned counsel for the State opposes the bail petition of the petitioner and submits that the victim in her

Patna High Court CR. MISC. No.31723 of 2023(2) dt.20-07-2023 2/2 statement made under Section 164 of Cr.P.C. has supported prosecution case. Court below has assessed the age of the victim to be 16 years.

6. Considering the statement of the victim under Section 164 of Cr.P.C. and gravity of offence, prayer for anticipatory bail is rejected.

(Prabhat Kumar Singh, J) Alok Verma/- U T