Patna High CourtCR. MISC./47023/2023rejected

Bhola Nath Yadav @ Bittu Yadav v. The State Of Bihar

2023-09-19Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47023 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Bhola Nath Yadav @ Bittu Yadav Son of Ramvyas Yadav Resident of village - Gaura, P.S. - Mohania, Distt. - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 29.09.2022 in connection with Ramgarh P.S. Case No. 341 of 2022 S.Tr. No. 47 of 2023, F.I.R. dated 29.09.2022 for the offences punishable under Sections 363, 364(A) of the Indian Penal Code.

3. According to prosecution case, this petitioner kidnapped the daughter of the informant aged about 3 1⁄2 years old who gone for reading in the School for Saraswati Sishu Mandir, Ramgarh.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.47023 of 2023(3) dt.19-09-2023 2/2 petitioner is not involved in the present crime in question and merely on the basis of suspicion, he has been implicated in this case.

5. The learned Additional Public Prosecutor on the basis of material available on record as well as case diary has vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered from the possession of the petitioner and after the recovery of the victim he has confessed his guilt in the present occurrence. He further submits that there is direct and specific allegation against the petitioner that he has kidnapped the victim.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Ramgarh P.S. Case No. 341 of 2022 S.Tr. No. 47 of 2023 pending in the court of learned Additional Sessions Judge I, Kaimur at Bhabua.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T