Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80998 of 2024 Arising Out of PS. Case No.-502 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Chandan Kumar Son of Shyam Narayan Pandit @ Shyam Narayan Prajapati Village- Jamuawan, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Mukul Kumari, Advocate For the State :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366A and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to have kidnapped minor daughter of informant for the purpose of marriage.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence as alleged in the F.I.R.. As per F.I.R., daughter of informant went missing on 12.08.2023 whereas the F.I.R. has been lodged on 23.08.2023 after inordinate delay of 11 days and there is no plausible explanation for the same. As a matter of fact, daughter of informant has voluntarily left her

Patna High Court CR. MISC. No.80998 of 2024(3) dt.23-01-2025 2/2 house at midnight and this petitioner has falsely been implicated in this case only to harass him. It is further submitted that petitioner has taken a shop on rent in the house of informant and due to a petty dispute a scuffle took place between the parties and thereafter this false and concocted F.I.R. has been lodged. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation that he kidnapped minor daughter of informant for the purpose of marriage. It is further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case and has stated her age as 14 years.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and statement of victim recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T