Chintu Sah @ Chintu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35101 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -AMAUR District- PURNIA ====================================================== Chintu Sah @ Chintu Kumar Sah Son of Kailash Sah, Resident of Bhawanipur, P.S. - Amour, District - Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Kumari Ritambhara For the Opposite Party/s : Mr. Arvind Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-11-2015 Heard both sides.

The petitioner apprehends his arrest in Amour P.S. Case No. 33/2015, registered for the offences punishable under Sections 366A, 364 and 120B of the Indian Penal Code. The petitioner and others are alleged to have kidnapped the victim while she had gone to attend the call of nature. It is submitted that the occurrence took place on 01.02.2015 but the case was filed after two days of the occurrence. The victim appeared and made her statement under Section 164 of the Cr.P.C. on 02.04.2015. The statement of the victim shows that the victim had gone with the petitioner voluntarily. The petitioner was appearing at the examination and he had not kidnapped the victim.

Patna High Court Cr.Misc. No.35101 of 2015 (3) dt.02-11-2015 2/2 Having considered the facts that there is very specific allegation that the petitioner kidnapped the victim and took her to Delhi, the victim also reiterated the same facts, many witnesses had seen the petitioner taking the victim on an auto-rickshaw, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T