Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56875 of 2023 Arising Out of PS. Case No.-182 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== DEEPAK KUMAR, S/O Tun Sav @ Dhun Sav @ Tunnu Sav R/O VillageSanaut Saraiya, Ps. Muffasil, Dist. Gaya ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SHAILENDRA SINGH, S/O Bindeshwar Singh R/O Village- Shankar Bigha, Ps. Wazirganj, Dist. Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Ms. Alka Singh, Advocate For the State :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Heard learned counsels for the parties.

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

3. As per the prosecution case, this petitioner along with other five accused persons kidnapped the cousin of the informant, while she was returning from her coaching class.

4. It is submitted by learned counsel for the petitioner that the petitioner has been made an accused in this case only on suspicion and there is material contradiction between the statement of the victim recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C.. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.56875 of 2023(3) dt.06-12-2023 2/2

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. It is submitted that the the victim in her statement recorded under Section 161 Cr.P.C. has stated the name of this petitioner as the one who kidnapped her.

6. Considering the rival submissions and statement of the victim recorded under Section 161 Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T