Patna High CourtCR. MISC./59998/2022bail rejected

Chhotu Kumar v. The State Of Bihar

2023-04-27Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59998 of 2022 Arising Out of PS. Case No.-349 Year-2022 Thana- ALOULI District- Khagaria ====================================================== CHHOTU KUMAR Son of Late Maheshwar Yadav R/O Village- Gaurachak, P.S- Alauli (Bahadurpur), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Kishor Poddar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Alauli P.S. Case No. 349 of 2022 dated 30.07.2022 registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code.

3. As per the prosecution, the informant's minor daughter was kidnapped by this petitioner along with other coaccused person with an intention to marry her with the petitioner.

4. The main submissions advanced by petitioner's counsel are that the petitioner has been made accused in this case merely on the basis of suspicion and the petitioner had no role in the alleged disappearance of the so-called victim and he

Patna High Court CR. MISC. No.59998 of 2022(5) dt.27-04-2023 2/2 has been languishing in jail since 31.07.2022 and the petitioner has been made accused mainly due to previous enmity running in between both the parties and the allegation levelled in the FIR was falsely manufactured.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Heard both the sides and perused the FIR, order impugned and case diary of this case. The petitioner is named in the FIR and the informant's minor daughter aged about 16 years went missing from the informant's house and the petitioner was suspected to have taken the victim with him with an intention to marry her and from perusal of the case diary, it appears that the victim is still traceless and she has not been recovered and the investigation was kept pending till date 10.04.2023, in my opinion it is not a fit case for bail to the petitioner at this stage. Accordingly, his bail prayer stands rejected. (Shailendra Singh, J) annu/- U T