Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42162 of 2023 Arising Out of PS. Case No.-431 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== MD. RAJU MD. RABBANI RESIDENT OF VILLAGE- DARHAUL, PSKATRA, DISTT -MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366, 365, 120B and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

4. The informant alleges that petitioner eloped with her daughter and married her as is evident from the video and thereafter entire family shifted to Calcutta, hence the informant could not meet her daughter nor could go to Calcutta as her husband was working abroad, it is next alleged that recently the family members of the petitioner came to the village and on inquiry, they flatly refused that her daughter was married to the

Patna High Court CR. MISC. No.42162 of 2023(2) dt.08-08-2023 2/3 petitioner, thus, alleges that her daughter was abducted.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that it is not in dispute that the petitioner and the daughter of the informant eloped and married, it is next submitted that the petitioner had gone abroad for work where the informant had brought her daughter back and when he came to fetch her, she was missing and accordingly, he instituted Complaint Case No. 4549 of 2022 in the Court of learned Chief Judicial Magistrate, Muzaffarpur which is pending adjudication. It is next submitted that on the same day, the present FIR also came to be instituted.

6. Learned A.P.P., Mr. Chandra Bhushan Prasad, for the State opposes the prayer for anticipatory bail of the petitioner and submits that it absolutely does not stand to reason that as to why the petitioner has not disclosed the date on which he went abroad for work when he came back, when he came to know that his wife is missing, it is next submitted that no mother would falsely implicate her own son-in-law knowing that her daughter went missing from her home.

7. Considering the submissions made by the learned APP for the State, the Court is not inclined to grant the privilege

Patna High Court CR. MISC. No.42162 of 2023(2) dt.08-08-2023 3/3 of anticipatory bail to the petitioner.

8. Accordingly, the present anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T