Bikki Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40337 of 2018 Arising Out of PS.Case No. -125 Year- 2018 Thana -RAJAULI District- NAWADA ======================================================
1. Bikki Kumar, Son of Manoj Chaudhary,
2. Sanoj Chaudhary, S/o Baleshwar Chaudhry,
3. Anoj Chaudhary, S/o Baleshwar Chaudhry, Both resident of VillageSamachak, Police Station- Barbigha, District- Sheikhpura, Permanent Resident of Village- Pachna, Police Station- Sheikhpura, DistrictSheikhpura. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard learned counsel for the petitioners.
Petitioners apprehend their arrest in connection with Rajauli P.S.Case No. 125 of 2018 registered for the offences punishable under Section 366A of the Indian Penal Code. Allegation against the petitioners is of kidnapping of minor daughter of the informant.
Submission of learned counsel for the petitioners is that earlier maternal uncle of victim has also lodged a case against the petitioners for the same offence at Sheikhpura in which the victim in her statement under Section 164 Cr.P.C. has not supported the prosecution case and thereafter the present case has been filed and
Patna High Court Cr.Misc. No.40337 of 2018 (4) dt.05-09-2018 2/2 earlier statement of victim girl shows that she had gone on her own sweet will and petitioners have falsely been implicated in this case.
Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail on the ground that victim girl is still traceless and she is minor. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, rather petitioners to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.
With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U