Lavkush Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86119 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Lavkush Mahto S/O - Ram Ayodhya Mahto Resident of - Gangwa, p.o.- bakharapur, P.S.- Sidhwalia, District- Gopalganj, State- Bihar ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Ranjan For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner seeks anticipatory bail in connection with Sindhwalia P.S. Case No. 155 of 2023, registered for the offence punishable under Sections 363, 366(A), 504 and 506 of the Indian Penal Code.
3. As per F.I.R., allegation against the petitioner is that he kidnapped the daughter of the informant.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that occurrence took place on 09.05.2023 and the F.I.R. was lodged on 14.05.2023 after delay of five days which creates serious doubt. He further submits that the statement of victim was recorded under Section 161 Cr.P.C., on
Patna High Court CR. MISC. No.86119 of 2023(2) dt.18-01-2024 2/2 05.06.2023 in which she stated that due to misbehave of his mother, she left the house.
5. Learned APP has opposed the prayer for bail and submits that statement of victim was recorded under Section 164 Cr.P.C., in which she supported the prosecution case.
6. Considering the aforesaid submission of the parties and also the statement of victim recorded under Section 164 Cr.P.C., I am not inclined to grant anticipatory bail to the petitioner.
7. Hence, his prayer for anticipatory bail stands rejected.
(Anjani Kumar Sharan, J) Ranjeet/- U T