Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34081 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -PASRAHA District- KHAGARIA ====================================================== Mithun Kumar, son of Jagdish Yadav, resident of village- Piparpanti, Police Station- Pasraha, District- Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Pasraha P.S. Case No.9A of 2017 instituted for the offence under Sections 366A, 504 and 506/34 of the Indian Penal Code pending in the court of Additional Chief Judicial Magistrate-II, Khagaria. It is alleged in the written report that petitioner used to talk with daughter of the informant Divya Kumari on her mobile phone, for which the informant made complaint to parents of the petitioner. The parents of the petitioner abused the informant. It is further alleged that minor daughter of the informant aged about 12 years has been kidnapped by petitioner along with his parents namely, Jagdish Yadav and Shila Devi.

Case diary has been received.

Patna High Court Cr.Misc. No.34081 of 2018 (4) dt.10-08-2018 2/2 Learned A.P.P. after looking into the case diary has submitted that process under Section 82 Cr. P.C. has already been issued against the petitioner. It has further been submitted that victim girl has given statement under Section 164 Cr. P.C. wherein she has levelled specific allegation against petitioner of confining her forcefully in a room in Dehradun and committing illegal act with her.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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