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Patna High CourtCR. MISC./16115/2016rejected

Surendra Ram @ Sulendra Ram v. The State Of Bihar

2016-05-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16115 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -KHODAWANPUR District- BEGUSARAI ======================================================

1. Surendra Ram @ Sulendra Ram S/o Hare Ram Ram R/o- Bargaown, P.S.- Hassanpur, Dist- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Adv. For the Opposite Party/s : Mr. Pushpa Sinha 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2016 Heard both sides.

The petitioner apprehends his arrest in Khodawandpur P.S. Case No. 81/2015, registered for the offences punishable under Sections 366A, 365 and 34 of the Indian Penal Code. It is alleged that Sanjay Chaudhary and Surendra Ram have kidnapped the daughter of the informant. It is further submitted that the victim was in love with one Arvind Paswan and she went along with him for which Khodawandpur P.S. Case No. 121/2015 was registered. The case of Sanjay Chaudhary stands on the similar footing to that of the petitioner which was disposed of vide order passed in Cr. Misc. 48687/2015.

Considering the facts aforesaid and the fact that the

Patna High Court Cr.Misc. No.16115 of 2016 (2) dt.02-05-2016 2/2 victim herself in the statement recorded under Section 164 Cr.P.C. stated that petitioner and Sanjay Chaudhary kidnapped her, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

However, if the petitioner surrenders before the court below then the learned Court below shall consider the prayer for regular bail of the petitioner taking into account that similarly situated co-accused has already been granted bail. (Prabhat Kumar Jha, J.) Vinita/- U T