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Patna High CourtCR. MISC./37875/2016rejected

Bhim Singh v. The State Of Bihar

2016-11-29Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37875 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Bhim Singh, Son of Shivpujan Singh, Resident of village - Manjhwaliya, P.S. Mohammadpur, District Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar-I, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-11-2016 Heard counsel for the petitioner and learned A.P.P. for the State.

The petitioner prays for Anticipatory bail in Mohammadpur P.S. Case No. 35 of 2016, registered under Section 366(A)/34 of Indian Penal Code.

The mother of the victim lodged the case that her daughter and her husband had gone to bank wherefrom the petitioner abducted her daughter.

The petitioner states that it is a case of false implication. The petitioner has no criminal antecedent. There is delay in lodging the case.

On the other hand, learned A.P.P. points out from the case diary as well as from the impugned order that the victim in her re-statement has specifically named the petitioner as an

Patna High Court Cr.Misc. No.37875 of 2016 (4) dt.29-11-2016 2/2 accused. Some other witnesses have also supported the prosecution case.

In my considered view, it is not a fit case for grant of Anticipatory bail. The prayer is accordingly rejected. The petitioner is directed to surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit in accordance with law.

(Kishore Kumar Mandal, J) manish/- U T