Raghuveer Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29929 of 2021 Arising Out of PS. Case No.-348 Year-2016 Thana- BIDUPUR District- Vaishali ====================================================== RAGHUVEER SINGH Son of Late Ganga Singh Resident of Village Kamalpur Singhia, P.S. Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivjee Singh For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2022 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 Bidupur P.S. Case no. 348 of 2016 instituted for the offence punishable under Sections 363, 365, 364/34 of the Indian Penal Code.

As per allegation in the FIR, scuffle took place between grandson of the informant and one child, namely,

Patna High Court CR. MISC. No.29929 of 2021(2) dt.09-02-2022 2/3 Mithu, while they were playing cricket. Mithu informed this matter to the petitioner and then the petitioner started to abuse the informant and his family members with a threatening of kidnapping and killing his grandson. On same day when grandson of the informant went to buy some vegetables and he did not return then after a hectic search, informant has lodged the present FIR against the petitioner due to suspicion as on the morning of the same day, he had given threatening for kidnapping his grandson.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Matter relates to trivial dispute. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive possession. Learned APP appearing for the State has opposed the prayer of bail and submitted that victim boy has asserted that he was taken away forcefully by the accused persons and also assert that he will identify the accused in Test Identification Parade, however, no TIP has been held. Victim boy has supported the prosecution story in his statement recorded under Section 164 Cr.P.C. .

Patna High Court CR. MISC. No.29929 of 2021(2) dt.09-02-2022 3/3 Having heard learned counsel for the parties and taking into consideration that there is strong suspicion against the petitioner of having kidnapped the minor grandson of the informant, 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