← Library
Patna High CourtCR. MISC./53371/2018dismissed

Vishal Kumar v. The State Of Bihar

2018-10-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53371 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -BARIYARPUR District- MUNGER ======================================================

1. Vishal Kumar S/o Late Anil Yadav, R/o vill.- Sotipul Paria, P.S.- Bariarpur, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 Heard the parties.

This application is for grant of regular bail in connection with Briarpur P.S.Case No.49 of 2018 for the offences under Sections 364 and 34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping of the minor son of the petitioner.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, he is villager and no injury was found on the person of the victim, who has been recovered 3 1⁄2 months after the occurrence.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the petitioner is named in the FIR, son of the victim has been recovered and he has named the

Patna High Court Cr.Misc. No.53371 of 2018 (3) dt.09-10-2018 2/2 petitioner and also stated that he was assaulted. The other coaccused persons were arrested at the time of recovery of the boy. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

With the aforesaid observation, this application is dismissed.

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