Mithilesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.31088 of 2016 (2) dt.19-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31088 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -MALI District- AURANGABAD ====================================================== Mithilesh Singh S/o Raja Ram Singh resident of Village- Dhiri Bigha, P.S.- Mali, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Mali P.S. Case No. 15 of 2016 pending in the Court of Judicial Magistrate 1st Class, Aurangabad instituted for the offence punishable under Section 366(A)/34 of the Indian Penal Code for kidnapping the minor daughter of the informant who was working in the mobile shop of the petitioner. According to FIR, when the daughter of the informant did not come her home on the relevant date, an enquiry was made with the petitioner where after it was disclosed that she had gone with two other persons.

The contention of the petitioner is that even according to FIR, petitioner is not the kidnapper. The girl has written some

Patna High Court Cr.Misc. No.31088 of 2016 (2) dt.19-08-2016 letter showing innocence of the victim petitioner. Petitioner having no criminal antecedent deserves anticipatory bail. Learned APP for the State, on the hand, submits that the minor daughter of the informant was serving from few months in the shop of the petitioner. Learned Sessions Judge has found some complicity of the petitioner.

On perusal of the record, in my view, it is not a fit case for grant of anticipatory bail. The prayer for anticipatory bail is rejected.

The petitioner is directed to surrender before the Court below and seek regular bail and if he does so, the same shall be considered and disposed of in accordance with law. (Kishore Kumar Mandal, J) Prakash/- U T