Raj Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32666 of 2018 Arising Out of PS.Case No. -310 Year- 2017 Thana -MASAURHI District- PATNA ======================================================

1. RAJ KISHOR KUMAR, son of Mithlesh Prasad, resident of VillageJagpura, P.S. Masaurhi, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Masaurhi P.S. Case No. 310 of 2017, registered for the offence punishable under Section 366/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the daughter of the informant.

Submission of learned counsel for the petitioner is that the statement of the girl has been recorded under Section 164 Cr.P.C.in which she has not made any allegation of sexual inter course against the petitioner. There is land dispute between the parties.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.32666 of 2018 (2) dt.28-06-2018 2/2 Having heard both sides and in view of the statement of the girl recorded under Section 164 Cr.P.C. in which she named the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected.

However, petitioner may surrender before the court below and pray for regular bail who shall consider the same and pass speaking order on its own merit without being prejudiced by this order.

With the aforesaid observation this application is dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U