Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48686 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- MANSI District- Khagaria ====================================================== GUNJAN KUMAR Son of Mukesh Ram Resident of Village - Chakhusaini, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sudha Sinha For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Mansi P.S. Case No. 120 of 2019, disclosing the offences under Sections 363 and 365 of the Indian Penal Code. Considering the statement of the five year old victim recorded under Section 164 of the Criminal Procedure Code to the effect that it was the petitioner who had taken him away, I am not inclined to grant the petitioner privilege of regular bail at this stage. It is evident from the First Information Report that the said minor child was found missing and the witnesses had noticed the petitioner taking him way.

Submission made on behalf of the petitioner that since

Patna High Court CR. MISC. No.48686 of 2019(3) dt.04-12-2019 2/2 the recovery of the child was not from the petitioner's house, he deserves bail, does not convince me.

In view of the above, this application stands rejected. (Chakradhari Sharan Singh, J) S.Ali/- U T