Deepak @ Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65868 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== Deepak @ Deepak Yadav, Son of Vikrama Yadav @ Bikram Yadav, Resident of Village-Teghara, P.S.-Bihiya, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences under Sections 366(A)/ 34 of the IPC. The prosecution case, as per the written report of Sona Devi submitted to the Station House Officer, Bihiya Police Station, is to the effect that on 24.03.2019 at about 3:00 PM, the informant's daughter went to market to buy thread but she did not return, subsequently the informant came to know that her daughter has been kidnapped by all the FIR named accused persons including the petitioner.

It is submitted by the learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. A statement has been made

Patna High Court CR. MISC. No.65868 of 2019(4) dt.05-03-2020 2/2 in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP, after going through the case diary, submits that the victim in her statement, recorded under Section 164 Cr.P.C., has stated that the accused persons including the petitioner kidnapped her.

Considering the nature of accusation and statement of the victim girl recorded under Section 164 Cr. P.C., this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Bihiya P.S. Case No.104 of 2019 pending in the Court of learned C.J.M. Bhojpur, Ara.

Accordingly, the present application is dismissed. (Dinesh Kumar Singh, J.) utkarsh/- U T