Amit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38359 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38359 of 2017 Arising Out of PS.Case No. -479 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Amit Kumar, Son of Biresh Sharma, Resident of Village- Gaura, P.S.- Marhowrah, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The petitioner is apprehending his arrest in connection with Marhowrah P.S. Case No. 479 of 2016, registered for offences punishable under Sections 366A/ 504/506/34 of Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant.

It has been submitted on behalf of the petitioner that though it is alleged that wife of the informant has seen the girl fleeing away with the petitioner but the present case has been lodged after eight days which itself shows the falsity of the case. Further submission is that informant and other have gone to the house of the petitioner and assaulted him also. It has further been submitted that the girl has fled away with co-accused with whom

Patna High Court Cr.Misc. No.38359 of 2017 (2) dt.19-08-2017 she had love affair.

Learned counsel for the state opposed the prayer for bail and submitted that the girl is still traceless. Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant privilege of anticipatory bail to the petitioner, let petitioner surrender before the court below and make prayer for regular bail and if any such application is filed the court below after considering the submissions as well as materials available on record, shall pass an appropriate order, without being prejudiced by the order of this Court With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T