Arti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2017 of 2023 Arising Out of PS. Case No.-432 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== Arti Kumari D/O Arjun Sah R/V- Khaira P.S- Saraiya Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Saraiya ( Jaitpur O.P) P.S. Case No. 432 of 2018 registered for the offences punishable under Section 363, 366(A) of the Indian Penal Code.
As per the FIR, the accused persons including the petitioner have abducted the minor daughter of the informant and sold her.
Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is further submitted that there is no specific overt act has been attributed against the petitioner. The occurrence took place on 02.09.2018 and FIR has been lodged on 22.09.2022 after delay of 20 days and the statement of victim recorded under section 164 of the
Patna High Court CR. MISC. No.2017 of 2023(2) dt.03-05-2023 2/2 Cr.P.C after one year. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.
Considering the statement of victim recorded under section 164 of the Cr.P.C, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected.
However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) N.K/- U T