Patna High CourtCR. MISC./41606/2022dismissed

Raj Kumar Sharma v. The State Of Bihar

2022-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41606 of 2022 Arising Out of PS. Case No.-117 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== RAJ KUMAR SHARMA Son of Ram Lochan Sharma Resident of Village - Dulama, P.s.- Madhuban, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his/her arrest in a case registered for offence punishable u/s 363, 366, 596, 34 IPC. Allegedly, the accused persons named in F.I.R. including the petitioner were forcibly taking away her daughter into the jeep.

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 dirty politics. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail by

Patna High Court CR. MISC. No.41606 of 2022(2) dt.28-11-2022 2/2 submitting that the statement of the victim was recorded u/s 164 Cr.P.C. has been mentioned in para no.30 of the case diary in which she has supported the prosecution case and named this petitioner as one of her kidnappers.

Considering the facts and circumstances of the case, since victim girl has supported the prosecution case, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

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