Chandrashekhar Kumar @ Dhiraj Kumar @ Dhiraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54205 of 2017 Arising Out of PS.Case No. -263 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Chandrashekhar Kumar @ Dhiraj Kumar @ Dhiraj Paswan, Son of Uchit Paswan @ Rital Paswan, Resident of Village- Porajit, P.S.- Wena, DistrictNalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 16-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chandi (Wena) P.S. Case No.263 of 2017 registered under Section 366(A) of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate-II, Hilsa (Nalanda). The accusation is that on 09.08.2017, the minor daughter of the informant had gone to study at Kirshna Coaching Centre, Birnama, where this petitioner was also studying but his daughter did not return. The informant raised suspicion against this petitioner having hand in the kidnapping of his daughter.

Patna High Court Cr.Misc. No.54205 of 2017 (2) dt.16-11-2017 2/3 Learned counsel appearing on behalf of the petitioner submits that after recovery of his daughter, the informant has filed compromise petition in the court below. Moreover, the occurrence is said to be of 09.08.2017 but the present F.I.R. has been lodged on 14.08.2017.

The statement of the victim, the daughter of the informant, recorded under Section 164 of the Code of Criminal Procedure, is annexed as Annexure-3 to this application from which it appears that the victim was forcibly kidnapped by four persons by gagging her mouth and she was boarded on the train, on which this petitioner was also present. Thereafter, she was taken by this petitioner at Bapi Station, Daman, and after getting down from the train, she was locked in a room of the house by this petitioner. This petitioner took her ornaments and tried to outrage her modesty but, anyhow, she fled away from there. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced

Patna High Court Cr.Misc. No.54205 of 2017 (2) dt.16-11-2017 3/3 by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T