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Patna High CourtCR. MISC./9761/2017rejected

Anil Kumar Singh @ Anil Singh v. The State Of Bihar

2017-07-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9761 of 2017 Arising Out of PS.Case No. -117 Year- 2015 Thana -HATHUA District- GOPALGANJ ======================================================

1. Anil Kumar Singh @ Anil Singh, S/o- Late Mangal Singh, R/o Vill.- Peuli, P.S.- Mirganj, Dist.- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in connection with Hathua P.S. Case No.117 of 2015, registered for the offences punishable under Sections 387/506 of the Indian Penal Code, pending in the Court of Mr. Abhishek Kunal, Judicial Magistrate, 1st Class, Gopalganj.

Allegation against the petitioner is that from the referred mobile ransom was demanded, by putting under threat of death, from the informant, who is circle officer of Hathua Block. The mobile number is already referred in the F.I.R. and that belongs to this petitioner.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.9761 of 2017 (8) dt.11-07-2017 2/2 that during investigation it has surfaced that from referred mobile number never any call was made to the informant. However, that finding of the Investigating Officer is not based on any CDR produced with the case diary. Thereafter, this Court asked the petitioner to produce CDR of his mobile to satisfy that in fact from the mobile of the petitioner no call was made to the informant on his mobile. The petitioner has not produced the same. The petitioner is accused in other cases also even in a case lodged after the present case. After hearing the parties and considering the materials, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. (Birendra Kumar, J) Mkr./- U T