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Patna High CourtCR. MISC./37505/2023dismissed

Pappu Kumar v. The State Of Bihar

2023-07-21Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37505 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== PAPPU KUMAR S/O KAILASH YADAV R/O Village- Pama, P.S. Saharsa, Dist. Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma, Advocate For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with Saur Bazar (Patarghat O.P.) P.S. Case No. 456 of 2022, registered for the offences punishable under Sections 366(A), 363 and 120(B) of the Indian Penal Code.

3.

It is alleged by the informant that on the alleged date and time of occurrence the petitioner herein along with one another co-accused person had kidnapped the minor daughter of the informant, whereafter she was taken to Nepal for the purposes of solemnization of unlawful marriage.

Patna High Court CR. MISC. No.37505 of 2023(2) dt.21-07-2023 2/3 4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the act was consensual and in fact the petitioner has not been alleged to have committed any untoward incident with the daughter of the informant.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the facts noted in the impugned order dated 18.04.2023, prima facie the complicity of the petitioner in the alleged occurrence is writ large from the record and he has admittedly kidnapped the minor daughter of the informant, thus the present case is not at least a

Patna High Court CR. MISC. No.37505 of 2023(2) dt.21-07-2023 3/3 case for grant of anticipatory bail, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T