Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82592 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== VISHAL KUMAR SON OF DILIP KUMR @ BINOD KUMAR SAH RESIDENT OF MOHALLA MAINPURA, GATE NO. 31,PS PATLIPUTRA, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Dubey For the Opposite Party/s :
Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-03-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Patliputra P.S. Case No. 248 of 2023, registered for the offences punishable under Sections 363, 366 of the Indian Penal Code.
3. As per allegation, the daughter of the informant went for tution but she didn't return till 5:00 PM in the evening. The informant, during course of search, came to know that the petitioner along with his family members kidnapped her daughter.
4. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and has falsely
Patna High Court CR. MISC. No.82592 of 2023(3) dt.05-03-2024 2/2 been implicated in this case. The victim herself in statement recorded under Section 161 of the CrPC, did not support the allegation and has specifically stated that she with her own sweet will, went with the petitioner.
5. On the other hand, Sri J.N. Thakur, the learned APP for the State has opposed the prayer for bail and submitted the victim is a minor girl of 14-15 years of age and in her statement recorded under Section 164 of the CrPC, she alleged that the petitioner, in Delhi, had physical relation with her.
6. In my view, the petitioner does not deserve the privilege for anticipatory bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Kundan/- U T