Patna High CourtCR. MISC./46655/2016rejected

Suraj @ Sipahi Sah v. The State Of Bihar

2016-11-23Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46655 of 2016 Arising Out of PS.Case No. -182 Year- 2012 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Suraj @ Sipahi Sah, Sopn of Ram Ashish Sah, Resident of Village-Pakari Srikant, P.S.Uchakagaon, District-Saran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-11-2016 Heard both sides.

The petitioner prays for grant of Anticipatory Bail in Uchakagaon P.S. Case No. 182 of 2012, registered for the offence punishable under Sections 364, 302, 201 and 120(B) of the Indian Penal Code. Although, it is stated in para-2 of the bail petition that petitioner has not moved this Court for grant of regular bail or anticipatory bail in connection with the present case, but the counsel states that a prayer for anticipatory bail was made before this Court, which was dismissed.

Janki Devi, being mother of the informant, lodged the complaint, which was later treated as an F.I.R. alleging that the petitioner and others had forcibly kidnapped her daughter and later she was handed over to the petitioner with a view to kill her. Contention of the petitioner is that this case has been

Patna High Court Cr.Misc. No.46655 of 2016 (4) dt.23-11-2016 2/2 lodged merely on suspicion. In fact, petitioner was not present at the place of occurrence.

Mr. Dayal, A.P.P, on the other hand, submits that the alleged offence is heinous.

In my considered view, it is not a fit case for grant of Anticipatory bail. The prayer is accordingly rejected. The petitioner shall surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit in accordance with law.

(Kishore Kumar Mandal, J) manish/- U T