Bhola Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39689 of 2015 Arising out of PS.Case No. -147 Year- 2014 Thana -PUPRI District- SITAMARHI ====================================================== Bhola Das, Son of late manki Das, resident of Village Jogiyara, Police Station Jale, district Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimal Kumar, Advocate. For the Opposite Party : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Pupri P.S. Case No. 147 of 2014 for the offences instituted under Section 366/34 of the IPC.

The prosecution story, in brief, is that the daughter of the informant, namely, Reena Kumari, aged about 20 years was married with Dharmendra Mandal. She had gone to Hema Studio with her husband and his sister Niki Devi situated at Nageshwar Asthan, Pupari. It is further alleged that the daughter of the informant, all of sudden, came out side from the Studio on telephone call. The informant also came outside from the Studio and found her daughter missing. The informant learnt that she has

Patna High Court Cr.Misc. No.39689 of 2015 (2) dt.01-10-2015 2/2 been kidnapped by Manoj Das, Jogi Das, Rupkala Devi and Kishan Das with intention to marry her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the petitioner has falsely been implicated in the present case. The main allegation is against Manoj Das who happens to be the Bhagina of this petitioner.

On behalf of the State it has been submitted that the petitioner has been named by the victim in 164 Cr. P.C. statement. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in Pupri P.S. Case No. 147/2014, pending in the court of the learned C.J.M., Sitamarhi. Anyhow, if the petitioner surrenders in the court below within a period of six weeks from the date of receipt/production of copy of this order the same shall be considered on its own merit without being prejudiced by this order.

U.K./- (Sudhir Singh, J) U T