Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61355 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Pintu Kumar S/o- Ramjinis Rai @ Ramjinish Ray Village - Badaka Gurmiya, Ps- Ghorasahan Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State
2. The petitioner apprehends his arrest in Kundwa Chainpur P.S. Case No. 170 of 2023 registered for the offences punishable under Sections 363, 366, 504 & 506/34 of the Indian Penal Code.
3. The petitioners along with other persons is said to have kidnapped the sister of the informant.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that as a matter of fact, the victim eloped
Patna High Court CR. MISC. No.61355 of 2024(2) dt.05-10-2024 2/2 with one Ravi Kumar and only in pressure of her family members, she had taken the name of the petitioner and others. The petitioner has no criminal antecedent as mentioned in para3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that the victim in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case in toto. Hence, the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of case and the statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T