Shambhu Kumar Singh @ Shambhu Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22480 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== SHAMBHU KUMAR SINGH @ SHAMBHU PRASAD SINGH son of Hemant Prasad Singh Resident of Village - Harpur Bochaha, P.S.- Vidyapati Nagar, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Sinha For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366/34 of the Indian Penal Code.

Allegedly, one Ritik Raj kidnapped the wife of the informant and his two year old daughter. The petitioner was also involved in the alleged occurrence.

It is submitted by learned counsel for the petitioners that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioner. Petitioner and informant are neighbours and gotiya to each other and due to

Patna High Court CR. MISC. No.22480 of 2022(3) dt.26-09-2022 2/2 family feud he has been dragged in this case. The present F.I.R. has been lodged after 7 days of occurrence without any plausible explanation regarding the same, which creates a serious doubt on the prosecution story. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the statement of the victim was recorded under section 164 Cr.P.C. in which she has supported the prosecution case.

Having regard to the facts and circumstances of the case, since the victim has supported the prosecution case, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly dismissed.

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