Patna High CourtCR. MISC./39536/2017dismissed

Arun Vishwakarma v. The State Of Bihar

2017-09-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39536 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -GURUA District- GAYA ======================================================

1. Arun Vishwakarma Son of Narayan Mistri, R/o Village- Pankara, P.S.- Dumariya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 366(A) of the Indian Penal Code in connection with Gurua P.S. Case No. 38/2016.

Allegation, as per the F.I.R., is of kidnapping of the sister of the informant. Later on dead body was recovered. Submission of the learned counsel for the petitioner is that he has falsely been implicated this case and no dead body was recovered in this case and no case under Section 366A of the Indian Penal Code against the petitioner is made out. It has further been submitted that the CDR shows that no such mobile number, as mentioned in F.I.R., has been seized by the police, but the petitioner is in custody since 24.02.2017.

Patna High Court Cr.Misc. No.39536 of 2017 (3) dt.01-09-2017 2/2 Heard learned Additional Public Prosecutor also. He opposed the prayer of bail and drawn attention towards para 40 of the case diary in which it has been submitted that mobile number, mentioned in the F.I.R., belongs to the petitioner and from that call was being made to the sister of the informant. Having heard both sides, in view of the facts, stated above, I am not inclined to enlarge the petitioner, above named, on bail and as such his prayer for bail is rejected. (Vinod Kumar Sinha, J.) Rakhi U T