Ghuran Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44102 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- HASANPUR DistrictSamastipur ====================================================== GHURAN DAS, aged about 27 years, male, Son of Bittulal Das Resident of Village - Kharaj, P.S.- Hasanpur, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raja Ram Mishra, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366A/34 of the Indian Penal Code registered in connection with Hasanpur P.S. Case No. 61 of 2019, G.R. No. 256 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation is against co-accused Pankaj Kumar as evident from the victim girl's deposition recorded under Section 164 Cr. P.C. She has named the petitioner as merely having been present along with co-accused Pankaj Kumar at the time of her kidnapping but no specific overt act has been alleged against him. There is delay in instituting the F.I.R. on 26.05.2019 for the alleged occurrence of 05.03.2019. The

Patna High Court CR. MISC. No.44102 of 2019(2) dt.18-07-2019 2/2 petitioner claims clean antecedents.

4. Having regard to the nature of accusations, gravity of the offence alleged as well as the age of the victim girl i.e. 16 years who has specifically named the petitioner in her deposition recorded under Section 164 Cr. P.C., this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T