Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56765 of 2017 Arising Out of PS.Case No. -248 Year- 2017 Thana -KARGAHAR District- SASARAM (ROHTAS) ======================================================

1. Dipak Kumar, son of Vinod Sah, resident of Village- Barhari, P.S. Kargahar (Barhari), District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-01-2018 Heard both sides.

The petitioner apprehends his arrest in Kargahar (Barhari O.P.) P.S. case No. 248 of 2017 for the offences punishable under Section 366A/34 of the Indian Penal Code. The informant alleged that his minor daughter was missing from his house but during the course of search he came to know that petitioner and Minaz Alam kidnapped his daughter. Sri Bikramdeo Singh, the learned counsel for the petitioner, submits that the victim has already been recovered. The victim went along with Minaz Alam to Jaipur but she did not raise any alarm. She appears to be a consenting party. It appears from the statement of victim recorded under Section 164 of the Cr. P. C. (Annexure-2) that the petitioner

Patna High Court Cr.Misc. No.56765 of 2017 (2) dt.02-01-2018 2/2 and Minaz Alam forcibly took her to Kochas on a motor cycle and from there she along with Minaz Alam went to Jaipur. The victim appears to be minor aged about 16 years.

Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T