High Court Patna High Court - Orders

Balmiki Mishra vs State Of Bihar on 7 July, 2010

Patna High Court – Orders
Balmiki Mishra vs State Of Bihar on 7 July, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.17265 of 2010
                      BALMIKI MISHRA, SON OF RAJENDRA MISHRA,
                      RESIDENT OF VILLAGE CHAI RAMPUR, P.S. KARPI,
                      DISTRICT ARWAL AT PRESENT VILL. MAI, P.S. KAKO,
                      DISTRICT JEHANABAD - PETITIONER.
                         Versus
                       STATE OF BIHAR--OPP. PARTY.
                                     -----------

For the petitioner : Mr. Imbrahim Kabir, Adv.
For the State : Mr. Pronoti Singh, A.P.P.

——

3/   07-07-2010              Heard the parties.

                             Petitioner     apprehends   his   arrest   in   a   case

registered under sections 366(A), 372 and 120B of the

Indian Penal Code. The petitioner is named in the F.I.R. as

an accused and is alleged to have participated in

kidnapping of the victim girl.

It is submitted that alleged victim girl Mamta

Kumari was recovered and her statement under section

164 Cr. P.C. was recorded by the learned Judicial

Magistrate, where she has not alleged any sexual assault

either against the petitioner or any other accused persons.

From perusal of the statement of the victim girl, vide

Annexure-2, it appears that she has supported the

allegation of her kidnapping by the petitioner and other

accused persons. It is also submitted that co-accused

Ranjeet Pandey has been granted regular bail by a Bench

of this Court.

Be that as it may, in the facts and circumstances

of the case this Court is not persuaded to accede to the
prayer made on behalf of the petitioner for grant of

anticipatory bail. It is accordingly rejected.

The petitioner must surrender in the court below

in connection with Makhdumpur P.S. Case No. 183 of

2009 within a period of four weeks from today and , if so

advised, seek regular bail, which shall be considered and

disposed of on its own merit without being prejudiced by

the present order.

BTiwary                         ( Birendra Prasad Verma, J)