Patna High CourtCR. MISC./61965/2018rejected

Arjun Sao v. State Of Bihar And ANR

2018-12-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61965 of 2018 Arising Out of PS. Case No.-160 Year-2018 Thana- RAHUI District- Nalanda ====================================================== Arjun Sao Son of Late Shivchandra Sao Resident of Village- Basak Saidi, PS. Rahui, District-Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Rani Kumari D/o Ram Balak Manjhi R/o Basak Saidi PS. Rahui Distt. Nalanda.

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

For the Petitioner/s :

Mr. Ram Swarup Prasad For the Opposite Party/s :

Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the IPC.

The prosecution case is that on 12.5.2018 at 3 P.M. the daughter of the informant, namely, Rani Kumari, aged about 12 years went to ease out but she did not return till night. On search being made, the informant came to know through Bhola Manjhi and Gango Devi that ten days ago, they had seen that petitioner along with co-accused Pragash Sao and others were taking the victim girl on motorcycle.

It is submitted by learned counsel for the petitioner that in statement under Section 161 of Cr.P.C., the victim has

Patna High Court Cr.Misc. No.61965 of 2018(3) dt.12-12-2018 2/2 denied the accusation of kidnapping, however, she has named the petitioner in her statement under Section 164 Cr.P.C. It is further submitted that the thrust of accusation is against coaccused Pragash Sao, the son of the petitioner and it is a case of love affair and for the occurrence of 12.5.2018, the FIR was registered on 23.5.2018.

Considering the fact that the petitioner is named in the FIR and the victim has named him in her statement under Section 164 Cr.P.C., this Court is not inclined to grant anticipatory bail to the petitioner in connection with Rahui P.S. Case No. 160 of 2018 pending in the Court of the learned CJM, Nalanda.

This application is accordingly dismissed.

(Dinesh Kumar Singh, J) anil/- U