Patna High CourtCR. MISC./57793/2017rejected

Jay Ram Bhagat v. The State Of Bihar

2017-12-19Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.57793 of 2017 (2) dt.19-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57793 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Jay Ram Bhagat, S/o Janak Bhagat, R/o Sitanabad, P.S.- Simri Bakhtiyarpur, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 157 of 2017, registered under Sections 366(A)/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Saharsa.

The accusation is of kidnapping the minor daughter of the informant by the petitioner with the help of Runa Kumari, Bhushan Bhagat, Lalu Bhagat and Madhu Kumari. On perusal of order dated 10.10.2017 passed in A.B.P. No. 557 of 2017, it appears that the prayer for pre-arrest bail of the petitioner was rejected by the court of Sessions Judge, Saharsa, on the ground of statement of the victim, daughter of the informant,

Patna High Court Cr.Misc. No.57793 of 2017 (2) dt.19-12-2017 under Section 164 Cr.P.C., in which, she stated about her kidnapping by the petitioner.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T