Lalan Basfor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26015 of 2023 Arising Out of PS. Case No.-403 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

LALAN BASFOR S/O ANKUR BASFOR Resident of Village- Dakhin Muhalla, P.S.- Mirganj, District- Gopalganj.

2.

GEETA DEVI W/O LALAN BASFOR Resident of Village- Dakhin Muhalla, P.S.- Mirganj, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Mirganj P.S. Case No. 403 of 2022, registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code.

The allegation against the petitioners is that they are involved in the kidnapping of the daughter of the informant. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.26015 of 2023(2) dt.13-07-2023 2/2 general and omnibus in nature. There is no specific overt act against the petitioners. The specific allegation is against Ajay Basfor. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the victim has supported the prosecution case in her statement recorded under Section 164 of the Code of Criminal Procedure.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. Accordingly, this application is dismissed.

However, if the petitioners surrenders before the learned Court below within a period of six weeks from today and seek for regular bail. The learned Court below shall pass the order on the same day in accordance with law.

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