Manjay Kumar @ Manjlal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3022 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== MANJAY KUMAR @ MANJLAL RAI S/o Sri Munna Rai R/v- Karhari, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code pending in the learned court below.

As per the prosecution case, the petitioner along with other co-accused persons are said to have conspired and effected kidnapping of his daughter for illegal purpose. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner and entire family members of the petitioner is made accused in the present case. He submits

Patna High Court CR. MISC. No.3022 of 2023(2) dt.28-03-2023 2/2 that informant and petitioner is a co-villager and there is no specific overt act against the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which the victim has supported the prosecution case. Hence, he does not deserve anticipatory bail.

Considering the statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to enlarge the petitioner on bail in connection with Bhagwanpur P.S. Case No. 139 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T