Arun Yadav @ Arun Kumar @ Arun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20854 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Arun Yadav @ Arun Kumar @ Arun Kumar Yadav son of Late Mahendra Yadav, resident of village- Narpa, P.S.- Bithan, District- Samastipur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 363 of the Indian Penal Code and 12 of Protection of Child Sexual Offence Act.

Allegation against the petitioner is of kidnapping daughter of the informant.

It has been submitted on behalf of the petitioner that petitioner is in custody since 27.1.2016. Chargesheet has been submitted in the present case. Petitioner has got no criminal antecedent nor there is allegation of tampering of any evidence. He has been made accused due to mistake of fact. Petitioner wanted to help the girl who was alone on the platform. There is no allegation of kidnapping of the girl against the petitioner. On behalf of the State, it is submitted that statement of the victim girl has been recorded by the police where she has alleged that one of the miscreants, who kidnapped her, had handed over the victim to the petitioner and subsequently when she proceeded at Samastipur Railway Station then she was rescued by the passengers at the railway station. Later on, she was taken into

Patna High Court Cr.Misc. No.20854 of 2016 (3) dt.19-07-2016 2/2 custody by the police and handed over to her parents. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected at this stage.

(Sudhir Singh, J) sudip/- U T