Patna High CourtCR. MISC./64335/2023bail rejected

Chhabila Kumar v. The State Of Bihar

2024-02-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64335 of 2023 Arising Out of PS. Case No.-409 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== CHHABILA KUMAR S/O KANHAIYA PATEL @ KANHAIYA RAUT R/O VILLAGE- CHAKKI TOLA, PS. SHIKARPUR, DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 409 of 2023 registered on 17.05.2023 lodged under Sections 363, 366 of the I.P.C. and under Section 8 and 12 of the POCSO Act.

3. As per the prosecution case, F.I.R. has been lodged against the present petitioner to whom there is an allegation to kidnap the informants' daughter with a view to marry.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 19.05.2023 having no criminal case pending against him. Charge-sheet has already been filed. Moreover,

Patna High Court CR. MISC. No.64335 of 2023(3) dt.27-02-2024 2/2 victim has been recovered and she has narrated her statement under Section 164 Cr.P.C. in which nothing adverse has been disclosed by her.

5. Learned counsel for the State opposes the prayer for bail and submits that case diary has been called for and statement under Section 164 of the Cr.P.C. in which specific allegation has been made against the petitioner that he has kidnapped the victim.

6. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner stands rejected.

(Dr. Anshuman, J) Sunnykr/- U