Pramod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34342 of 2023 Arising Out of PS. Case No.-87 Year-2020 Thana- MAHINDWARA District- Sitamarhi ====================================================== PRAMOD RAM SON OF KISHORI RAM R/O Village- Kharahua, P.S.- Mahindwara, Dist.- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Mahindwara P.S. Case No.87/2020, registered for the offence punishable u/s 363, 365/34 of the IPC.

3.

As per the prosecution case, informant alleged that his brother might have been kidnapped and killed by the petitioner and other co-accused and the dead body thrown elsewhere since his brother had a love-affairs with daughter of the petitioner. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not

Patna High Court CR. MISC. No.34342 of 2023(2) dt.25-07-2023 2/2 specific rather general and omnibus in nature. There is case and counter-case between the parties. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that the victim has not been recovered for almost two years and is still traceless in spite of efforts made by the police to recover him and there is direct allegation of kidnapping and murder against the accused persons including the petitioner. 6.

Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

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