Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44354 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pintu Kumar Son of Manu Bhagat, R/o Semra , P.S.- Turkauliya, DistrictEast Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 17 of 2017 for the offences punishable under sections 363, 366 (A) and 34 of the I.P.C.
Allegedly, the petitioner and another co-accused kidnapped the minor daughter of the informant and took away on the motorcycle.
Submission is of false implication and that the occurrence is of 26.12.2016 but the FIR has been lodged on 11.01.2017 after delay of fifteen days without any sufficient
Patna High Court Cr.Misc. No.44354 of 2017 (2) dt.21-09-2017 2/2 explanation, there is nothing against the petitioner and as such he deserves sympathetic consideration.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that the victim in her statement recorded under section 164 of the Cr.P.C. has stated that the petitioner was having knife at the time of kidnapping and he kidnapped her and boarded on the motorcycle.
In the facts and circumstances stated above, considering the allegation, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Motihari, East Champaran. (Jitendra Mohan Sharma, J) Abhay/- U T