Patna High CourtCR. MISC./21371/2019dismissed

Akhilesh Kumar v. The State Of Bihar

2019-04-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21371 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- GHORASAHAN DistrictEast Champaran ====================================================== AKHILESH KUMAR aged about 38 years, male, Son of Late Jalandhar Rai, Resident of Village- Shayam Bakhri, P.S.- Dhaka, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 366/34 of the Indian Penal Code registered in connection with Ghorasahan P.S. Case No. 50 of 2018.

3. It is submitted that the petitioner has been falsely implicated and no motive had been assigned to the petitioner. There is considerable delay in institution of F.I.R. on 07.02.2018 for the alleged occurrence of 12.01.2018. Admittedly the wife of the informant was unsound mind and may have gone somewhere by herself. It is improbable that a lady of unsound mind would be wearing ornaments worth Rs. 50,000/- to 60,000/- as claimed by the informant. The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.21371 of 2019(2) dt.05-04-2019 2/2

4. Learned APP on the other hand invites reference to the order of the learned Sessions Judge noticing that the victim by her statement recorded under Section 164 Cr. P.C. has named the petitioner and other co-accused persons who had taken her away to Ludhiana when she was unconscious and taken away her ornaments.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T