The High Court of Patna, in this criminal miscellaneous application, rejected the petitioner's plea for anticipatory bail regarding charges of abduction. The court directed the petitioner to surrender before the lower court.
Prayer for anticipatory bail rejected; petitioner directed to surrender before the lower court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9557 of 2020
Arising Out of PS. Case No.-495 Year-2019 Thana- JAKKANPUR District- Patna
======================================================
Sumit @ Sujit Kumar @ Sujit Kumar Thakur, aged about 21 years, Male, Son of Dinesh Thakur, R/o Postal Park Chouraha, P.S. - Jakkanpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Krishna Kant Singh, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
... ... Opposite Party/s
5 14-10-2020 Heard the parties through the virtual court proceeding.
The petitioner apprehends his arrest in connection with Jakkanpur P.S. Case No. 495 of 2019 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.
According to the prosecution case, the role of accused-petitioner has been assigned for abducting the daughter of the informant and keeping her at a place where there is danger to her life.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has no
Patna High Court CR. MISC. No.9557 of 2020(5) dt.14-10-2020 2/3
concern with the alleged occurrence and he has been falsely implicated in this case merely on suspicion because he has not kidnapped the victim girl. He further submits that in the entire case diary, no independent witness has supported the prosecution case and in paragraph-4 of the case diary, one witness namely Anjali Kumari has stated that in Bombay, the victim has talked with him and demanded the Aadhar Card. He further submits that the victim is in Bombay. He further submits that till date, the police has not recovered the victim. Learned counsel for the petitioner further submits that as per paragraph-42 of the case diary, according to the CDR location, the petitioner is residing in Patna.
From perusal of the F.I.R. and case diary, it appears that the accused-petitioner is named in the F.I.R. and the victim is traceless till date.
In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner in connection with Jakkanpur P.S. Case No.495 of 2019 pending in the court of learned C.J.M., Patna is hereby rejected. However, the petitioner is directed to surrender before the court below
Patna High Court CR. MISC. No.9557 of 2020(5) dt.14-10-2020 3/3
and the learned court below shall pass the order on the same
day without being prejudiced by this order.
Accordingly, this application is disposed of.
(Anjani Kumar Sharan, J)
Nasimul/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with offences under Sections 363 and 365 IPC.
Sumit @ Sujit Kumar @ Sujit Kumar Thakur
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
