Md. Ramjan @ Ramjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24163 of 2021 Arising Out of PS. Case No.-1018 Year-2019 Thana- ARARIA District- Araria ====================================================== Md. Ramjan @ Ramjan Son Of Md. Lukman R/O Village- Bochi, P.S.- Bairgachhi, Dist.- Araria, Bihar-854311 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria (Bairgachhi) P.S. Case no. 1018 of 2019 instituted for the offence punishable under Sections 363 and 366 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons had kidnapped the informant with a view to marry her.

Patna High Court CR. MISC. No.24163 of 2021(3) dt.03-02-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. There is no eye witness to the occurrence while occurrence is of broad daylight which falsifies the prosecution story. There is contradictory in the statement of the victim recorded under Section 164 Cr.P.C. and the FIR. He has got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of bail and submitted that victim has made direct allegation of kidnapping and threatening against the petitioner in her statement recorded under Section 164 Cr.P.C. . From perusal of para 27 and 43 of the case diary it appears that Investigation Officer has found the case true against the petitioner. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of kidnapping against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. (Sunil Kumar Panwar, J) sushma/- U