Patna High CourtCR. MISC./56327/2024bail rejected

Mukesh Kumar Sahani @ Muklesh Sahani v. The State Of Bihar

2024-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56327 of 2024 Arising Out of PS. Case No.-100 Year-2017 Thana- KARJA District- Muzaffarpur ====================================================== Mukesh Kumar Sahani @ Muklesh Sahani S/O Jawahar Sahani R/O VillageMahammadpur Khaje,Farkba,PS-Karja, Distt-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Nitu Kumari, Advocate For the State :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 365, 366A and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner, along with other accused persons named in the F.I.R., kidnapped the minor daughter of informant while she had gone to attend call of nature.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case due to enmity. Petitioner claims clean antecedent.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to

Patna High Court CR. MISC. No.56327 of 2024(2) dt.05-09-2024 2/2 the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused persons, kidnapped minor daughter of informant. The victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case and categorically stated that she was raped by co-accused Ajay Sahani at Delhi.

6. Considering the aforesaid facts and circumstances, nature of accusation and statement of the victim recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T