Patna High CourtCR. MISC./40434/2022dismissed

Md. Anshar v. The State Of Bihar

2022-11-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40434 of 2022 Arising Out of PS. Case No.-582 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== MD. ANSHAR S/o Md. Islam R/o village- Bishunpur Mehsi, P.S.- Piar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 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, 366 of IPC. Allegedly, the married daughter of informant moved from her matrimonial house with her son without informing anyone. The informant further alleged that took Rs.50,000/- and goldent ornaments worth Rs.1 lac with her. The informant raised suspicion that her daughter might be killed by the hand of greedy person.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.40434 of 2022(2) dt.24-11-2022 2/2 petitioner is quite innocent and have committed no offence. He has 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. The petitioner is not named in the F.I.R. and his name has been surfaced during the course of investigation. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the name of the petitioner has been surfaced in statement of the victim recorded u/s 164 Cr.P.C.

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