Anwar Kunjra @ Anwar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36844 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- AANDAR District- Siwan ====================================================== ANWAR KUNJRA @ ANWAR HUSSAIN SON OF RAHMAN KUNJRA @ RAMHAN KUNJRA @ RAHMAN MIYAN R/O VILLAGE- GAGHAT, P.S.- ANDAR, DISTRICT- SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37564 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- AANDAR District- Siwan ====================================================== RUBY KHATOON WIFE OF NABI KUNJRA RESIDENT OF VILLAGEGAYGHAT, P.S.- ANDAR, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 36844 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha (In CRIMINAL MISCELLANEOUS No. 37564 of 2022) For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 363, 366, 34 of the

Patna High Court CR. MISC. No.36844 of 2022(3) dt.14-11-2022 2/3 Indian Penal Code.

Allegedly, the petitioners alongwith other accused persons kidnapped the daughter of the informant with a conspiracy to sell her on the pretext of performing marriage after converting her religion.

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 petitioner is not specific rather general and omnibus in nature. He submits that the statement recorded u/s 164 Cr.P.C. the victim did not took the name of the petitioner. He further submits that the police has also not found any evidence against the petitioners in the case diary. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioners are also involved in the present case and there is ample evidence available against the petitioners in the case diary. Having regard to the facts and circumstances of the case and keeping in view the statement of victim recorded under

Patna High Court CR. MISC. No.36844 of 2022(3) dt.14-11-2022 3/3 section 164 Cr.PC., I am not inclined to enlarge the petitioners named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioners is rejected.

Accordingly, these instant applications are dismissed. (Anjani Kumar Sharan, J) shikha/- U T