Chhote Lal Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37679 of 2022 Arising Out of PS. Case No.-232 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== CHHOTE LAL BAITHA S/o Jaleshar Baitha R/o Village- Pandeypur, P.S.- G.B. Nagar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 363(A)/366(A)/34 of IPC.

Allegedly, the daughter of the informant was eloped away by co-villager Dipu Mahto with the help of petitioner for the purpose of marriage or selling her.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.37679 of 2022(2) dt.22-11-2022 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the statement of victim was recorded u/s 164 Cr.P.C. in which she has not stated anything against the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is also involved in the present case.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is rejected.

This instant application is dismissed.

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