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Patna High CourtCR. MISC./42219/2015dismissed

Upendra Yadav @ Upendra Kumar v. The State Of Bihar

2015-12-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42219 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -IMAMGANJ District- GAYA ======================================================

1. Upendra Yadav @ Upendra Kumar Son of Manohar Yadav resident of village - Gareria, P.S. Imamganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 366A of the Indian Penal Code.

The informant made allegation that Chunnu Yadav kidnapped her minor daughter and 3-4 persons also helped him in kidnapping of her daughter.

It is submitted that petitioner is not named in the FIR but during the course of investigation the name of petitioner figured in the statement of victim recorded under section 164 of the Cr. P.C. It is submitted that petitioner is a minor school going boy.

Having considered the fact that the victim herself in

Patna High Court Cr.Misc. No.42219 of 2015 (3) dt.07-12-2015 2/2 her statement disclosed that petitioner also took part in her kidnapping, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T