Patna High CourtCR. MISC./12062/2019dismissed

Sarvan Yadav v. The State Of Bihar

2019-02-27Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12062 of 2019 Arising Out of PS. Case No.-116 Year-2018 Thana- BELAGANJ DistrictGaya ====================================================== Sarvan Yadav aged about 45 years, male, Son of Late Ramdeo Yadav Resident of Village- Panchu Bigha, P.O.- Mira Bigha, P.S.- Chakand, DistrictGaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Sinha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366(A)/34 of the Indian Penal Code registered in connection with Belaganj P.S. Case No. 116 of 2018.

3. It is submitted that the petitioner has been falsely implicated and he happens to be the uncle (mama) of the victim. Petitioner is not named in the F.I.R. There is delay of two days in institution of F.I.R. on 09.05.2018 for the alleged occurrence of 07.05.2018. For the first time, the petitioner's name has transpired in the statement of the victim girl recorded under Section 164 of the Cr. P.C. in which the petitioner along with Bindu is said to have taken her away. She has further stated that

Patna High Court CR. MISC. No.12062 of 2019(2) dt.27-02-2019 2/2 she had known Bindu for the past two years and a few days prior to the occurrence he has said that he had a liking for her. It is also apparent from the said statement that it was the petitioner who brought the victim girl to the Court.

4. Considering the nature of accusations and statement of the victim girl naming the petitioner who, along with Bindu, had taken her away, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. It is made clear that if the petitioner surrenders and seeks for regular bail before the Court below, the same shall be considered and disposed of on its own merits.

(Vikash Jain, J) Ibrar//- U T