Pancham Kumar And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14681 of 2017 Arising Out of PS.Case No. -139 Year- 2014 Thana -KHAGAUL District- PATNA ======================================================

1. Pancham Kumar

2. Deepak Kumar @ Deepak Kumar Chaudhary, Both Son of Bhim Choudhary, and Both are Resident of Village-Ramjee Chak, Pasi Tola, Police Station Maner, District-Patna.

.... .... Petitioners

Versus

1. The State of Bihar

2. Dhanmanti Devi W/o Sri Jagarnath Choudhary, R/o Village- Rampur Gadikhana, P.S. Khagaul, District-Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Dharmendra Kumar, Advocate.

For the Opposite Parties : Mr. Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2017 Heard both sides.

The petitioners apprehend their arrest in Khagaul P.S. Case No. 139 of 2014 registered for the offences punishable under Section 366(A) and other Sections of the Indian Penal Code. The prayer for bail of the petitioners was earlier rejected vide order dated 23.06.2016 passed in Cr. Misc. No. 43028 of 2015. The petitioners again moved for grant of anticipatory bail on the ground that the case has been compromised.

It appears that the victim, herself, made statement under Section 164 Cr.P.C. and made specific allegation against both the

Patna High Court Cr.Misc. No.14681 of 2017 (3) dt.03-05-2017 2/2 petitioners that they kidnapped her and thereafter, petitioner no. 1 established physical relation with her. The case is noncompoundable. Considering the facts aforesaid and the facts that I do not find any fresh ground to reconsider the prayer for anticipatory bail of the petitioner. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T