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Patna High CourtCR. MISC./29723/2019dismissed

Shyam Sundar Kumar @ Syam Sundar Singh v. The State Of Bihar

2019-07-31Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29723 of 2019 Arising Out of PS. Case No.-1328 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Shyam Sundar Kumar @ Syam Sundar Singh, aged about 27 years, Male, Son of Ashok Singh Resident of Village- Nooranganj, P.S.- Sasaram (Town), District- Rohtas at Sasaram.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366A, 120B, 448, 504 and 506 of the Indian Penal Code registered in connection with Sasaram (Town) P.S. Case No. 1328 of 2017.

3. It is submitted that the petitioner has been falsely implicated and in any event, the petitioner is merely a co-villager of co-accused Sonu Kumar with whom the victim has love affair. In similar case lodged in the past in Sasaram (Town) P.S. Case No. 979 of 2016, the statement of the victim girl was recorded under Section 164 of the Cr.P.C. in which she has made allegation against the said co-accused Sonu Kumar but has not named the petitioner.

4. Learned APP opposes the petition on the basis of the case diary, submitting that the girl in question has not yet been recovered.

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

Patna High Court CR. MISC. No.29723 of 2019(3) dt.31-07-2019 2/2

6. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) BT/- U T