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