Samana Soren @ Samana Adiwasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36541 of 2019 Arising Out of PS. Case No.-199 Year-2005 Thana- KHAIRA District- Jamui ====================================================== Samana Soren @ Samana Adiwasi, Son of Tuddu Adiwasi Resident of Village-Sirsiya, P.S.-Khaira, District-Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner apprehends his arrest in connection with Khaira P.S. Case No.199 of 2005, for the offence punishable under Section 364/34 of the Indian Penal Code. The allegation against the petitioner is that petitioner has abducted the husband of the informant.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case merely on the basis of suspicion inasmuch as the only material which has come against the petitioner during course of investigation is that he used to pressurize the victim to leave the job of Mali for which the petitioner was interested.
Patna High Court CR. MISC. No.36541 of 2019(5) dt.18-10-2019 2/2 After having heard learned counsel for the parties and after perusal of materials on record, it transpired that the matter is very old and the FIR was lodged in the year 2005. From the impugned order of learned Sessions Judge, it appears that the case against the petitioner has been found true after investigation and police has submitted the charge-sheet showing the petitioner as absconder.
In view of the fact that the case is 14 years old and that the charge-sheet has been filed against the petitioner showing him absconder, I am not inclined to grant anticipatory bail to the petitioner and the same is hereby rejected. (Anil Kumar Sinha, J) sanjeev/- U T