Kameshwar Prasad Gupta @ Kameshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65800 of 2024 Arising Out of PS. Case No.-223 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Kameshwar Prasad Gupta @ Kameshwar Prasad Son of Late Tharu Sah Village- Kataha, Loknathpur, P.S.- Muffasil, District- East Champaran at Motihari. At Present R/O A-78, Gali Panchsheel Colony, P.S.- Faridabad, Dist.- Faridabad, Haryana.

... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

Brij Mohan Singh Son of Chandrika Singh Vill.- Katha, Ward no. 14, P.S.- Muffasil, Dist.- East Champaran at Motihari.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad , Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363 , 366 (A) and 34 of the Indian Penal Code and section 8 , 12 of POCSO Act. 3 . As per the prosecution case , on the alleged date and time of occurrence , this petitioner along with other coaccused persons kidnapped the minor daughter of informant. The victim in her statement recorded under section 164 Cr. P C has categorically stated that it was co-accused Vishal Gupta who kidnapped her and thereafter kept in the house of this petitioner.

Patna High Court CR. MISC. No.65800 of 2024(7) dt.24-03-2025 2/2 Petitioner is none else than uncle of co-accused Vishal Gupta. The Court below has assessed the age of the victim as 14 years.

4. Considering the nature of accusation , statement of the victim under section 164 Cr. P C and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T