Patna High CourtCR. MISC./12602/2017disposed

Vikash Kumar v. The State Of Bihar

2017-03-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12602 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Vikash Kumar son of Rameshwar Sah resident of village - Vijayhat, Mohna, P.S. - Rajaun, Distt - Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Kanhaiya Kishore, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in connection with Amarpur (Fullidumar) P.S. Case No. 182 of 2016 registered for the offences punishable under Sections 323, 504 and 364A of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the victim girl is the daughter of the informant. As a matter of fact she is the adopted daughter of the petitioner and she was living with him. Thereafter, it is alleged that she had been abducted by the petitioner but the victim has been recovered after two years. Several witnesses have stated during the course of investigation that she used to reside in the house of the petitioner.

Patna High Court Cr.Misc. No.12602 of 2017 (2) dt.30-03-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the statement of the girl under Section 164 Cr.P.C., I am not inclined to grant anticipatory bail to the petitioner. Let the petitioner surrender before the court below and make a prayer for regular bail. The Court below shall consider this aspect on the basis of the materials collected during the course of investigation and he will pass an appropriate order without being prejudiced by the order of this Court preferably on the same day. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Mishra/- U T