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Patna High CourtCR. MISC./42234/2018dismissed

Gandhi Yadav v. The State Of Bihar

2018-08-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42234 of 2018 ======================================================

1. Gandhi Yadav, S/o Sri Ram Chandra Yadav, R/o Village- Parahiya Khujwa, P.S.- Raghunathpur, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate Mrs. Rinki Kumari, Advocate Mr. Sandip Kumar,Advocate For the State :

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Siwan in A.B.P. No. 1031 of 2018 arising out of Raghunathpur P.S.Case No. 202 of 2017, registered for offences punishable under Sections 366 and 366A/34 of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of kidnapping the minor daughter of the informant and still she is traceless.

Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and the petitioner is only agreed to request of the victim girl to left her upto the road and except that there is no allegation against him. It is further

Patna High Court Cr.Misc. No.42234 of 2018 (3) dt.03-08-2018 2/2 submitted that the petitioner has no criminal antecedent. Learned A.P.P. as well as learned counsel for the informant, oppose the prayer for bail stating that the victim girl is still traceless.

In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T