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Patna High CourtCR. MISC./36589/2022dismissed

Chandeshwar Dhangar v. The State Of Bihar

2022-09-21Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36589 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- LAUKARIA District- West Champaran ====================================================== Chandeshwar Dhangar, Son Of Gopal Dhangar @ Gopal Dhangad, Resident Of Village- Balua Dhalahwa, P.S.- Laukariya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Laukariya P.S. Case No.3 of 2022 instituted under Sections 363, 364, 354,511 of the Indian Penal Code and Section 8 of POCSO Act.

The allegation in the FIR is of picking up the 3 years old child of the informant and as he was the petitioner was taking her away, the villagers caught hold him as the 3 years old child had started crying that attracted the attention of the local villagers.

Learned counsel for the petitioner submits that he had just picked up the girl for getting her some toffees but in the

Patna High Court CR. MISC. No.36589 of 2022(2) dt.21-09-2022 2/2 process since she started weeping, the villagers understood that she has been kidnapped, accordingly he came into judicial custody and FIR lodged.

Considering the gravity of the case as narrated in the FIR, and allegation of kidnapping of 3 years old child, this Court for the present is not inclined to grant him bail and the bail application is accordingly rejected.

(Rajiv Roy, J) Prakash Narayan /- U T