Patna High CourtCR. MISC./12947/2018dismissed

Dharmendra Yadav @ Dharmendra Kumar v. The State Of Bihar

2018-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12947 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -AUGARI District- NALANDA (BIHARSHARIFF) ======================================================

1. Dharmendra Yadav @ Dharmendra Kumar, son of Yadunandan Prasad, Resident of Village- Gonai Bigha, Police Station- Telhara, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2018 In this case, it appears that order no.2 dated 03.04.2018 was pronounced without any signature of the Court and also without correction as made.

Order no.2 dated 03.04.2018 is recalled and following order be treated to be passed :

" Heard the parties.

The petitioner is apprehending his arrest in connection with Aungari (Pirbigha) P.S.Case No.09 of 2017 registered for offences punishable under Sections 363, 365/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor son of the informant.

Patna High Court Cr.Misc. No.12947 of 2018 (3) dt.12-04-2018 2/2 Submission of the learned counsel for the petitioner is that boy is brother-in-law (Sala) of the petitioner and the informant is the father-in-law and as a matter of fact the petitioner has only brought him on the motorcycle and there is no allegation.

Heard learned A.P.P. and the learned counsel for informant. They have opposed the prayer for bail stating that the boy has also supported the prosecution case in his selfstatement recorded under Section 164 Cr.P.C. Having heard both sides and in view of the facts and circumstances, as stated above, and in view of direct allegation, it does not appear to be a case of anticipatory bail, as such the petitioner has to surrender and make prayer for regular bail, which will be considered on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed."

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