Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67964 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- FATUA District- Patna ====================================================== Abhay Kumar, son of Nageshwar Ram, Resident of Village - Gangapur, P.S. Fatua, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar Sinha, Advocate For the Opposite Party :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 366(A) of the Indian Penal Code registered in connection with Fathua P.S. Case No. 113 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely in the backdrop of enmity and except suspicion, there is no objective material to connect the petitioner with the alleged occurrence.

4. Learned APP, on the other hand, opposes the anticipatory bail petition on the basis of the case diary, submitting that several witnesses have stated about the involvement of the petitioner who was a tuition teacher of the victim as well as of the daughter of co-accused Rita Devi. It has been stated that the informant's sister and Rita Devi's daughter had gone to the Centre for examination from where the petitioner is said to have eloped with the informant's sister, who is said to be a minor and is still traceless.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail

Patna High Court Cr.Misc. No.67964 of 2018(4) dt.19-02-2019 2/2 to the petitioner. The anticipatory bail petition stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

BT/Chandran (Vikash Jain, J) U T