Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45119 of 2022 Arising Out of PS. Case No.-145 Year-2021 Thana- BEERPUR District- Begusarai ====================================================== Lalan Singh Son Of Late Arjun Singh R/O Village- Babhangama, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvottam Kumar, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 364, 504, 34 of the Indian Penal Code.

Petitioner along with other co-accused persons are said to have kidnapped the daughter of the informant for the purpose of murder.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No. 45119 of 2022(2) dt.01-12-2022 2/2 case. He submits that there is specific allegation against the son of the informant. He submits that there is general and omnibus allegation leveled against the petitioner. He submits that informant is not an eyewitness to allege occurrence. He submits that earlier the daughter of the informant has left her house with the son of the petitioner and the statement of the victim under Section 164 of the Cr.P.C. has been recorded in which she has not supported the prosecution case. He further submits that later on daughter of the informant again left her house with the son of the petitioner but till date victim was not recovered. However, learned counsel for the State opposes the prayer for bail and submits that petitioner has also involved in the present case.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Birpur P.S. Case No. 145 of 2021.

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