Patna High CourtCR. MISC./45418/2024dismissed

Pappu Paswan @ Pappu Kumar Paswan v. The State Of Bihar

2024-07-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45418 of 2024 Arising Out of PS. Case No.-79 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Pappu Paswan @ Pappu Kumar Paswan Son Of Lobin Paswan VillageMajkuri, P.S.- Kochadhaman, Distt,- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kochadhaman P.S. Case No. 79 of 2023, instituted under Sections 363, 365, 34 of the Indian Penal Code.

3. As per the prosecution case, petitioner is alleged to have kidnapped the married daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The victim girl, who is major, left the house on her own sweet will and both victim and the petitioner have solemnized marriage. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.45418 of 2024(2) dt.24-07-2024 2/2 anticipatory bail of the petitioner and submits that the victim in her statement recorded under Section 164 Cr.P.C. supported the allegation of kidnapping and allegation that she was kidnapped and raped by the petitioner. The process under Sections 82 and 83 Cr.P.C. has also been issued against the petitioner and charge-sheet has been submitted by the I.O. showing him to be absconder.

6. Having heard the learned counsels for the parties and considering the fact that in the charge-sheet petitioner has been shown as absconder and also victim has supported the prosecution case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Sunil Dutta Mishra, J) rakhi/- U T