Sarju Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48981 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Sarju Saw S/o Arjun Saw R/o vill - Mauwar Khaira, P.S. - Barun, Distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yugal Kishore Mrs. Rupa Kumari For the Opposite Party/s :
Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 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 Section 366 of the Indian Penal Code.
3. The informant alleged that on the night of 23.04.2024 his daughter was missing from his home, prompting him to initiate a search for her. Additionally, it is alleged that the informant discovered his daughter had left with Sarju Saw. He further alleged that his daughter had been in communication with the petitioner and provided the mobile number of the accused, which is 9473285499.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.48981 of 2024(3) dt.13-11-2024 2/3 the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is no way in touch with victim and the petitioner has implicated in this case due to enmity, as prior to lodging of the present case the informant came to the pond of the petitioner and asked for fish without paying any money, but the petitioner did not give him fish, then there was hot talk between the informant and the petitioner and the informant threatened to get ready for consequences and, accordingly, the present case has been lodged. He further submits that there is contradiction between the prosecution version and the statement of the victim recorded under Section 164 of Cr.P.C. He next submits that the victim did not agree to appear before the Medical Board, which is evident from the para-31 of the case diary. Petitioner has two criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, arguments of the parties and the materials available on records, let the above named petitioner, be released on bail, in
Patna High Court CR. MISC. No.48981 of 2024(3) dt.13-11-2024 3/3 the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barun P.S. Case No. 193 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T