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Patna High CourtCR. MISC./21912/2024dismissed

Dhanoj Kumar v. The State Of Bihar

2024-04-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21912 of 2024 Arising Out of PS. Case No.-581 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== DHANOJ KUMAR S/O BABULAL RAM R/O VILLAGE- DIGWARA AMBEDKAR CHWOK, P.S- DIGHWARA, DISTT.- SARAN (CHHAPRA). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Kumar Paswan, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Sahebganj P.S. Case No. 581 of 2023 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

3. The petitioner in association of other co-accused is said to have kidnapped the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, the victim girl on her own volition has eloped with the petitioner and solemnized marriage with him on 27.12.2023. There is delay of 10 days in lodging the present F.I.R. without giving any explanation. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.21912 of 2024(2) dt.04-04-2024 2/2

5. Learned APP for the State vehemently opposing the bail petition submitted that the victim girl in her statement under Section 164 Cr.P.C. has supported the prosecution case.

6. Considering the facts and circumstances of case and the statement of the victim under Section 164 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 in accordance with law without being prejudiced by this order.

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