Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65205 of 2018 Arising Out of PS. Case No.-294 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Vicky Kumar, Son of Vijay Mahto Resident of Village-Bairiya,P.S. Ahiyapur, Distt.-Muzaffarpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-04-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 294 of 2018, registered under Sections 365/366(A) of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Muzaffapur. The accusation is of kidnapping of minor daughter of the informant by this petitioner with the help of three other persons named in the F.I.R.

Learned counsel appearing on behalf of the petitioner submits that while victim, in her statement recorded under Section 164 of Cr.P.C., has stated about carrying her boarding on car by this petitioner and one Kishan Kumar, but no overt act has been detailed at the hand of the petitioner.

Patna High Court CR. MISC. No.65205 of 2018(5) dt.17-04-2019 2/2 On the other hand, learned Addl. Public Prosecutor for the State opposed the prayer for pre-arrest bail and submits that, admittedly, the victim is minor and she has stated about her taking away by this petitioner and Kishan Kumar. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected.

(Rajendra Kumar Mishra, J) manish/- U T