Patna High CourtCR. MISC./8906/2023dismissed

Anil Chourasiya v. The State Of Bihar

2023-04-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8906 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- CHENARI District- Rohtas ====================================================== 1.

ANIL CHOURASIYA Son of Rameshwar Chourasiya Resident of VillageKhudhnu Khurd, P.S.- Chenari, District- Rohtas 2.

SONI DEVI Wife of Anil Chourasiya Resident of Village- Khudhnu Khurd, P.S.- Chenari, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Chenari P.S. Case No.270 of 2022, registered for the offence punishable u/s 363 and 365 of the IPC.

As per the prosecution case, one Rohit Chourasiya is said to have tempted the daughter of the informant and eloped with her and the petitioners have assisted in their elopement. 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 due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is

Patna High Court CR. MISC. No.8906 of 2023(2) dt.18-04-2023 2/2 against the son of the petitioners namely Rohit Chourasiya to kidnap the minor daughter of the informant. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that this is not a fit case for grant of anticipatory bail as the victim is still traceless.

Having regard to the facts and circumstances of the case, since the victim is still trace-less, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

This application is accordingly dismissed.

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