Ram Manoj Paswan @ Ramanuj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54193 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BARAHIYA District- LAKHISARAI ====================================================== Ram Manoj Paswan @ Ramanuj Paswan, Son of Shiv Shankar Paswan, Resident of Village- Jalalpur Nauranga, P.S.- Maranchi, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 16-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barahiya P.S. Case No.99 of 2017 registered under Sections 366(A)/34 of the Indian Penal Code besides Section 8 of the POCSO Act, pending in the court of the Additional Sessions Judge-I, Lakhisarai.

The accusation is that four persons, named in the F.I.R., including the petitioner, on 21.05.2017, kidnapped the minor daughter of the informant, when she was going to attend the call of nature by boarding on the Tempo.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.54193 of 2017 (3) dt.16-11-2017 2/2 submits that the petitioner is the next door neighbour of the informant. The petitioner alongwith his other family members has falsely been implicated in this case by the informant due to grudge and enmity. While the occurrence is said to be of 21.05.2017 but the present F.I.R. has been lodged on 23.05.2017, after two days of the occurrence, by the informant, which creates doubt about the genuineness of the prosecution case.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T