Udai Giri v. The State Of Bihar

Patna High Court Cr.Misc. No.28544 of 2015 (3) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28544 of 2015 Arising Out of PS.Case No. -170 Year- 2013 Thana -SISWAN District- SIWAN ====================================================== Udai Giri son of Lallan Giri resident of Village - Mairwa, P.S. Mairwa, District - Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ramchandra Sahni For the Opposite Party : Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Siswan P.S.Case No.170 of 2013 instituted under Sections 366(A) and 379/34 of the Indian Penal Code pending in the Court of CJM, Siwan.

It is alleged by the informant that on 06.09.2013 her Fua, Chandni Kumari took away her on false pretext to contact tailoring school and she was brought near a bolero vehicle and they ties her hands and mouth and she found herself in a hotel and petitioner slapped her by saying that until the family members of the informant will money to them, otherwise she will not be released.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.28544 of 2015 (3) dt.01-10-2015 the petitioner has got no criminal antecedent. Petitioner is said to have been made accused due to mistake of fact. There is no direct or indirect evidence against the petitioner. No specific role has been assigned against the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and the victim has named the petitioner in his statement under Section 164 Cr.P.C. Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioners and the same is rejected. Anyhow, if the petitioners surrender in the court below within a period of four weeks and pray for regular bail, same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sudhir Singh, J) B.Kr./- U T