Dinesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74434 of 2022 Arising Out of PS. Case No.-401 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== Dinesh Kumar Das Son Of Sahdev Das R/V- Belha, P.S- Phulparas, DistMadhubani ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Digvijay Narayan Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Sections 341, 323, 363, 366(A) and 504 of the Indian Penal Code.

As per the prosecution case, petitioner along-with other accused persons kidnapped 14 years old daughter of the informant.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that there is delay of 20 days in lodging of the FIR and there is no plausible explanation of delay which itself creates doubt over the prosecution case. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent. Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.74434 of 2022(2) dt.06-04-2023 2/2 bail. The victim in her statement recorded under section 164 Cr. P. C. has supported the prosecution case. She has stated herself to be 14 years old.

Considering the nature of allegation and Section 164 Cr. P.C. statement of the victim, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) shashi/- U T