Raju Khan @ Arbaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28594 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.

RAJU KHAN @ ARBAZ KHAN SON OF DASTAGIR KHAN VILLAGECHANDAULI, PS- ZIRADEI, DISTT- SIWAN 2.

SADDAM @ DANISH KHAN SON OF TAMANNA KHAN @ SARFUDDIN KHAN VILLAGE- CHANDAULI, PS- ZIRADEI, DISTTSIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard the parties.

2.The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 365, 364, 341, 323, 504, 506/34 of the Indian Penal Code.

3. Vide order dated, 07.07.2023, a Co-ordinate Bench of this court directed to learned Court below to send the statement recorded under Section 164 Cr.P.C. of the victim in connection with Kazimohammadpur P.S. Case No. 192 of 2022.

4. In compliance of order dated 07.07.2023, learned Court below sent the statement of victim recorded under Section 164 of Cr.P.C.in which victim has supported the prosecution case.

5. Allegedly, all the FIR named accused persons including these petitioner are said to have assaulted the

Patna High Court CR. MISC. No.28594 of 2023(3) dt.31-07-2023 2/2 informant's elder brother and abducted him with intention to kill him.

6. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

7. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

8. Considering the facts and circumstances of case as well as statement of victim recorded under Section 164 Cr.P.C., I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.

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