Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15776 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== LALAN KUMAR S/O DHASO CHAUDHARI R/O VILLAGE -SRIPUR, P.S.- BHAWANIPUR, DISTT-PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Bhawanipur P.S. Case No. 186 of 2022 registered for the offences punishable under Sections 363, 366A, 368 and 34 of the Indian Penal Code pending in the Court of learned S.D.J.M., Purnea. As per the prosecution case, the petitioner along with other co-accused is said to have forcibly took away minor daughter of the informant.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the

Patna High Court CR. MISC. No.15776 of 2023(2) dt.17-05-2023 2/2 petitioner. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State opposes prayer for anticipatory bail and submits that the statement of the victim was recorded under Section 164 of the Cr.P.C., in which she has supported the prosecution case and the victim is minor. Hence, They do not deserve privilege of anticipatory bail. Considering the facts and circumstances of case statement of victim under Section 164 of the Cr.P.C., I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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