Patna High CourtCR. MISC./75423/2022rejected

Mintu Kumar @ Lali v. The State Of Bihar

2023-08-07Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75423 of 2022 Arising Out of PS. Case No.-281 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== MINTU KUMAR @ LALI Son of Late Gautam Prasad Resident of VillageGudari Rai Ka Chowk, P.S.- Bhagwan Bazar, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 14.09.2022 in connection with Bhagwan Bazar P.S. Case No. 281 of 2022, F.I.R. dated 04.06.2022 registered for the offence punishable under Section 366A of IPC.

3. The prosecution case, in short, is that on 02.06.2021, accused persons including the petitioner are alleged to have kidnapped the minor daughter (the victim) of the informant for the purpose of sale.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has

Patna High Court CR. MISC. No.75423 of 2022(4) dt.07-08-2023 2/2 not committed any offence as alleged in the FIR.

5. Learned counsel for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered and her statement under Section 164 Cr.P.C. was recorded in which she has categorically stated that the petitioner has abducted her and petitioner has tried to sale out the victim and there is direct and specific allegation against the petitioner.

6. In view of the aforesaid, I am not inclined to enlarge the petitioner on bail in connection with Bhagwan Bazar P.S. Case No. 281 of 2022 pending in the court of learned Additional Chief Judicial Magistrate-1st, Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T