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Patna High CourtCR. MISC./19302/2018dismissed

Jaichand Rai v. The State Of Bihar

2018-04-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19302 of 2018 Arising Out of PS.Case No. -173 Year- 2017 Thana -BAJPATTI District- SITAMARHI ====================================================== Jaichand Rai Son of Pragash Rai@ Ram Pragash Rai Resident of Village Bachopatti Narha, tole- Garhiya, P.S. Bajpatti, Distt. Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Opposite Party/s : Ms. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Bajpatti P.S.Case No. 173 of 2017 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

Allegation against the petitioner is of kidnapping minor daughter of the informant.

Submission of learned counsel for the petitioner is that in her statement under Section 164 Cr.P.C. he has not been named, rather Jitendra Rai has been named, whereas petitioner is Jaichand Rai.

Heard learned APP also.

Having heard both sides and from perusal of impugned

Patna High Court Cr.Misc. No.19302 of 2018 (2) dt.11-04-2018 2/2 order it appears that paragraph 35 of the case diary shows that Jitendra Rai and Jaichand Raiin are the same person, I am not inclined to grant anticipatory bail to the petitioner. Let him surrender and pray for regular bail, which shall be considered on its own merit and on the basis of materials available on record. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U