Vijay Kumar @ Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79765 of 2018 Arising Out of PS. Case No.-366 Year-2012 Thana- MANER District- Patna ====================================================== VIJAY KUMAR @ VIJAY RAI Son of Sri Chunni Lal Rai Resident of Village Digha Ghat Chuhatta, P.S. - Digha, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar, Adv.

For the State :

Mr. Yogendra Kumar, APP For the Informant :

Mr. Ramendra Kumar Bharat, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-04-2019 This is an application for grant of anticipatory bail in connection with Maner P.S. Case No. 366 of 2012, disclosing offences under Sections 363, 365, 366(A), 34 of the Indian Penal Code.

Allegation as per F.I.R. is that the sister of the informant after returning from coaching by bicycle, in the way for repairing her bicycle had stopped at a shop and while repairing the bicycle, she had received a call and suddenly 3-4 young boys came there and caught her and kidnapped her and thereafter, she was traceless. Some other accused persons are named in the F.I.R., but the petitioner has not named in the F.I.R., later on, one Pramod Kumar has named the petitioner. Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.79765 of 2018(4) dt.15-04-2019 2/2 that the statement has been recorded after six years of the occurrence and other co-accused persons have been granted privilege of anticipatory and regular bail.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner stating that the confessional statement of Pramod Kumar has been recorded and that clearly disclosed that the active participation of the petitioner and other accused persons and that further shows that they have disposed of the dead-body by throwing in river.

Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudiced by order of this Court.

Accordingly, this application is dismissed.

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