Vijay Mahaldar @ Vijay Malhaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46674 of 2018 Arising Out of PS.Case No. -641 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. VIJAY MAHALDAR @ VIJAY MALHALDAR S/o Raju Mahaldar, R/o Mohalla- Binodpur Ward No. 32, P.S.- Town, District- Kaithar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Town P.S.Case No.641 of 2017 registered for offences punishable under Sections 365, 366, of the Indian Penal Code. Allegation against the petitioner is of kidnapping of the daughter of the informant.

Submission of the learned counsel for the petitioner is that FIR is contradictory to the statement recorded under Section 164 of the Cr.P,.C. and the whole story is not believable. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the statement recorded under Section 164 of the Cr.P.C. also shows that she was forcibly taken away as such I am not inclined to

Patna High Court Cr.Misc. No.46674 of 2018 (3) dt.14-09-2018 2/2 grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U