Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61102 of 2021 Arising Out of PS. Case No.-479 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Mohit Kumar S/O Shubh Kumar @ Shiv Kumar R/O Mohalla-Jamal Road, Chandi Mai Asthan, P.S-Town Police Station, Motihari, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2022 Heard both parties.

The petitioner apprehends his arrest in Motihari Town P.S. Case No. 479 of 2019, registered for the offences punishable under Sections 363, 365, 370, 366(A)/34 of the Indian Penal Code.

Prosecution case in brief is that this petitioner along with other FIR named accused persons kidnapped both minor daughter of informant.

It is submitted that allegation of kidnapping is general and omnibus in nature and no specific overt act has been alleged against this petitioner. It is further submitted that petitioner has not committed any illegal act with the daughters of informant and he has got clean antecedent.

Patna High Court CR. MISC. No.61102 of 2021(2) dt.05-07-2022 2/2 Counsel for State opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner and other accused persons that they kidnapped the minor daughters of informant. Both the girls have fully supported the prosecution case in their statement under Section 164 Cr.P.C.

Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T