Patna High CourtCR. MISC./46675/2022dismissed

Babli Singh @ Laxminarayan Singh v. The State Of Bihar

2023-01-03Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46675 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== BABLI SINGH @ LAXMINARAYAN SINGH Son of Kariya Singh Resident of Village - Gayanpar, P.s.- Barhara (Sinha OP), Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Barhara (Sinha O.P) P.S. Case No. 29 of 2022 for the offence registered under Section 365 of the Indian Penal Code. As per the prosecution story, the informant has alleged that this petitioner and one Kariya Yadav took away her husband in the motorcycle and thereafter he was traceless. As he failed to return, this FIR was lodged.

Learned counsel for the petitioner submits that although there has been allegation in the FIR against him and Kariya Yadav, no one has seen the occurrence as narrated by the informant in the FIR. He further submits that similarly placed co-accused Kariya Yadav surrendered before the Court below

Patna High Court CR. MISC. No.46675 of 2022(2) dt.03-01-2023 2/2 and has subsequently been released on bail.

Taking into account the allegation that has come in the FIR, this Court is not inclined to grant him privilege of anticipatory bail which is accordingly rejected. However, the petitioner in case of his surrender before the Court below within a period of four weeks from today and moves for bail, the learned Court below will take into account the order which has been passed in the case of Kariya Yadav. (Rajiv Roy, J) Jagdish/NehaU T