Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59585 of 2022 Arising Out of PS. Case No.-531 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== Raushan Kumar Son of Sheobachan Thakur Resident of Village- Nagauli, P.S.- Bhagwanganj, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Jehanabad (Karauna O.P.) P.S. Case No. 531 of 2020 registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Jehanabad.

According to prosecution case, in nutshell is that on 12.09.2020 daughter of the informant namely Kajal Kumari aged 17 years went for her studies at Krishna Mahila College but did not return till 4.00 p.m. which was unusual. So he initiated search for her, but could not trace her. He further states that his daughter was on friendly terms with co-accused

Patna High Court CR. MISC. No.59585 of 2022(2) dt.22-12-2022 2/2 Rajbabar Kumar and Bishnu Kumar and that she always talked with them on phone. The informant feared that the above named accused persons have kidnapped his daughter to forcefully to establish illicit relationship with them. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He further submits that petitioner is not named in the F.I.R. but the statement of the victim girl was recorded under Section 164 of Cr.P.C. in which she has taken the name of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that the Considering the statement of the victim girl was 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. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) mdrashid/- U T