Vikash Kumar Harijan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42532 of 2018 Arising Out of PS. Case No.-92 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== Vikash Kumar Harijan, Son of Raj Kumar Harijan, resident of VillageAltabari P.S. Bahadurganj District Kishanganj. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2018 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No. 92 of 2018, registered under Sections 363, 366(A), 341, 323 and 379/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Kishanganj.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that daughter of the informant was missing since 21.03.2018. In course of search, the informant came to know that his minor daughter was kidnapped by Anand, son of Belkhaua Sao. Thereafter, informant went to the house of Anand and made query then he was assaulted by Belkhaua Sao. The petitioner is not named in
Patna High Court Cr.Misc. No.42532 of 2018(2) dt.20-07-2018 2/2 the F.I.R. Later on, in course of investigation, victim daughter of the informant was recovered and her statement was recorded under Section 164 Cr.P.C. on 22.05.2018 in which she has only stated that this petitioner was present with motorcycle along with Anand and both carried the victim at the house of Anand. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) manish/- U T