Patna High CourtCR. MISC./53587/2019dismissed

Manish Kumar v. The State Of Bihar

2019-08-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53587 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== MANISH KUMAR S/o Parmeshwar kapar R/o village- Bhawadepur Adarsh Nagar Behind Back to Chamra Godown, P.S.- Mehsaul @ Mahsaul, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2019 This application, for grant of anticipatory bail, arises out of Punaura P.S. Case No. 49/2019, disclosing offences under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of kidnapping the minor daughter of the informant. Apart from that the girl in her statement under Section 164 Cr.P.C. has named the petitioner and has also stated that accused persons have thrown her after causing injury to her. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and except allegation of kidnapping, there is no allegation of any overt act Learned counsel for the State opposed the prayer for bail and submitted that after kidnapping she was thrown by

Patna High Court CR. MISC. No.53587 of 2019(2) dt.27-08-2019 2/2 the petitioner and other accused of this case after causing injury to her and, thereafter the victim girl was brought in Child Line Balika Bal Grih.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T