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Patna High CourtCR. MISC./30685/2016dismissed

Sunil Paswan v. The State Of Bihar

2016-10-22Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30685 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -HULASGANJ District- JEHANABAD =========================================================== Sunil Paswan son of late Chando @ Chandrika Paswan Resident of village - Kokrasa, P.S- Hulasganj , Dist.- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vivek Kumar, Advocate For the State :

Mr. Surendra Prasad Singh, APP For the Informant :

Mr. Paras Nath, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 22-10-2016 Heard learned counsel for the parties.

The petitioner seeks pre-arrest bail in connection with Hulasganj P.S. Case No. 54 of 2016 dated 30.05.2016 instituted under Section 366 of the Indian Penal Code.

The allegation against the petitioner is of taking away the wife of the informant and her non-recovery after that. Learned counsel for the petitioner submits that he is not connected with the crime since even as per the allegation, the wife had taken away the ATM Card and money has been withdrawn on 27.05.2016, 28.05.2016 and 29.05.2016 but on 27.05.2016 it was

Patna High Court Cr.Misc. No.30685 of 2016 dt.22-10-2016 2/2 from Nadriganj though the petitioner was shot at and received firearm injury on 27.05.2016 on a hill at Rajgir. It is submitted that due to local political rivalry this false case has been instituted. Learned A.P.P., upon going through the case diary, submits that a number of witnesses have stated that the wife of the informant had gone along with the petitioner, as alleged in the F.I.R. It is further submitted that the wife has since not been recovered. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail. The application, accordingly, stands dismissed. The interim protection given earlier stands vacated. (Ahsanuddin Amanullah, J) Anjani/- U T