Niraj Kumar Yadav @ Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58977 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- SONO District- Jamui ====================================================== Niraj Kumar Yadav @ Niraj Kumar Son Of Naresh Yadav R/O VillageMangobandar, Ps. Khaira, Dist. Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar For the Opposite Party/s :
Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner apprehends his arrest in a case registered for offence under Sections 363 / 366(A) of the Indian Penal Code.
3. As per prosecution case, the minor niece of the informant has been kidnapped and informant suspects that this petitioner has kidnapped her.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Earlier also, Khaira P.S. Case No. 412 of 2022 was lodged against this petitioner for kidnapping the niece of the informant and as such, only on suspicion, the present case has been lodged against petitioner. Learned counsel further submits that as per F.I.R., the
Patna High Court CR. MISC. No.58977 of 2023(6) dt.06-08-2024 2/2 date of occurrence is 06.03.2023 (Night) and F.I.R. has been lodged on 17.03.2023 without any plausible explanation of delay.
5. However, learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that there is specific allegation against this petitioner of kidnapping the minor niece of informant. The victim is still traceless. From perusal of report of Superintendent of Police, Jamui (Flag 'A'), it appears that this petitioner has kidnapped the victim and has kept her with him for the purpose of marriage and as such, in spite of best effort, she could not be traced out.
6. Considering the same, the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay U T