Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33599 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== KAMLESH KUMAR SON OF RAM KEWAL RAI RESIDENT OF VILLAGE- PIPRA PARSAI @ PAKARIYA @ PIPRA PARSAIN, PSSONBARSA, DISTT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Usha Kumari 1, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 366(A), 379/34 of IPC and 8 POCSO Act and 3(i) (r) (s) SC/ST (POA) Act.

3. On the alleged date and time of occurrence all the F.I.R named accused persons including this petitioner have kidnapped the minor daughter of the informant.

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case due to village politics and land dispute between the parties.

5. Learned counsel for the State opposes the prayer for bail and submits that victim in her statement under section

Patna High Court CR. MISC. No.33599 of 2023(2) dt.25-07-2023 2/2 164 Cr.P.C has supported the prosecution case and alleged that this petitioner had kidnapped her.

6. Considering the statement under section 164 Cr.P.C of the victim and gravity of allegation, prayer for prearrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T