Mithilesh Chaupal Kumar @ Bhulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72904 of 2022 Arising Out of PS. Case No.-286 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Mithilesh Chaupal Kumar @ Bhulla Son of Shiv Shankar Chaupal Resident of Village - Laranch, P.S.- K. Sthan, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Prasad Yadav For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Kusheshwar Asthan PS Case No. 286 of 2022 registered for the offences punishable under Sections 363, 365 and 34 of the Indian Penal Code.

As per the prosecution case, petitioner carries allegation of kidnapping of minor daughter of the informant. It is submitted that there is case and counter case. The victim girl was not medically examined. There is contradiction in the statement of victim girl before the police and in her statement under Section 164 Cr.P.C. Petitioner is married person and he has been falsely implicated in this case. Victim girl was

Patna High Court CR. MISC. No.72904 of 2022(2) dt.23-03-2023 2/2 not recovered from possession of the petitioner. Petitioner claims clean antecedent.

Counsel for State however vehemently opposed the prayer for bail and submitted that the victim girl in her statement under Section 164 Cr.P.C has duly supported the prosecution case.

In view of the statement of victim girl under Section 164 Cr.P.C, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T