Bholu Kumar Singh @ Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2049 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.

BHOLU KUMAR SINGH @ ABHAY KUMAR SINGH Son of Ram Kumar Singh R/V- Narayanpur Bazar, P.S- Taraiya Dist- Saran 2.

Golu Kumar Singh @ Kundan Kumar Singh Son of Ram Kumar Singh R/VNarayanpur Bazar, P.S- Taraiya Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Bhagwan Bazar P.S. Case No.321 of 2022, registered for the offence punishable under Section 366 of the Indian Penal Code. The allegation against the petitioners is that they kidnapped the wife of the cousin brother of the informant. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act

Patna High Court CR. MISC. No.2049 of 2023(2) dt.04-05-2023 2/2 against the petitioners and they have been made accused in the present case merely on the basis of suspicion. He fairly submitted that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. Accordingly, this application is dismissed.

However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

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