Mitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14827 of 2018 Arising Out of PS.Case No. -388 Year- 2017 Thana -SONEPUR District- SARAN ====================================================== Mitendra Kumar, Son of Late Dina Nath Rai, Resident of Village Rahar Diyara, P.S. Sonepur in the District of Saran. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner.
Petitioner apprehends his arrest in connection with Sonepur P.S.Case No. 388 of 2017 registered for the offences punishable under Sections 376(D), 377, 354A, 354B, 120B of the Indian Penal Code, 3/4 of POCSO Act and 67(A)(B)(C)(F) of I.T. Act, 2000.
Allegation against the petitioner is of kidnapping of daughter of informant and forcibly committing illegal act upon her and also making the video viral.
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and further her statement recorded under Section 164 Cr.P.C. shows that she married with one Pawan Kumar and earlier whatever she has stated, he has
Patna High Court Cr.Misc. No.14827 of 2018 (3) dt.23-04-2018 2/2 stated at the instance of her father and also she is major. Heard learned APP also, who has opposed the prayer for anticipatory bail stating that her statement clearly shows that there is allegation against the petitioner.
Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which shall be considered on its own merit. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U