Patna High CourtCR. MISC./8386/2022bail rejected

Ajrudin Miya @ Azahruddin v. The State Of Bihar

2022-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8386 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== Ajrudin Miya @ Azahruddin S/O Abas Miyan R/O Village- Badhara, P.S.- Gopalpur, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

It is alleged that minor girl of the informant has been abducted by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The victim has been recovered by the police. The F.I.R is registered against four accused persons but

Patna High Court CR. MISC. No.8386 of 2022(3) dt.18-10-2022 2/2 the victim in her 164 Cr.P.C statement has only stated the names of the petitioner and one other person which creates serious doubt about the authenticity of the prosecution case.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the victim in her 164 Cr.P.C statement has specifically named the petitioner as a person who has kidnapped her and took her to different place without her consent. Considering the fact that the victim in her 164 Cr.P.C statement has specifically named the petitioner as a person who kidnapped her, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T