IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68479 of 2022

Arising Out of PS. Case No.-46 Year-2022 Thana- SITAMARHI District- Sitamarhi

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CHANDAN KUMAR S/o Madan Kishore @ Lily R/v- Mirchaipatti, Ward

No- 9, P.S.- Sitamarhi, District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Santosh Kumar

For the Opposite Party/s :

Mr. Khurshid Anwar

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

23-01-2023

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case

registered for the offences punishable under Sections 363 and

366A/34 of the Indian Penal Code.

Petitioner is said to have kidnapped the minor

daughter of the informant.

It is submitted by learned counsel for the petitioner

that no such occurrence as alleged ever took place. He has been

falsely implicated in this case due to dirty village politics. It is

further submitted that during course of investigation the victim

girl has been recovered and in her statement recorded under

Section 164 Cr.P.C., she has not supported the allegation of

kidnapping and the victim girl has not stated anything against

Patna High Court CR. MISC. No.68479 of 2022(2) dt.23-01-2023

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this petitioner. Petitioner has one criminal antecedent.

Learned APP for the State vehemently opposing

the bail petition submitted that there is direct and specific

allegation against the petitioner that he took away informant’s

minor daughter. Though the victim in her statement under

Section 164 Cr.P.C. has denied the prosecution case but she

was minor at the time alleged occurrence. Hence, the petitioner

does not deserve the privilege of anticipatory bail.

Considering the facts and circumstances of case, I am

not inclined to enlarge the petitioner on anticipatory bail. The

prayer for anticipatory bail of the petitioner is hereby rejected.

However, the petitioner is directed to surrender before the

learned Court below within six weeks from today and seek

regular bail and the learned Court below would pass order in

accordance with law without being prejudiced by this order.

Trivedi/-

(Anjani Kumar Sharan, J)

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