Md. Ejaj @ Babloo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58826 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- BAUSI District- Araria ====================================================== MD. EJAJ @ BABLOO S/o Late Badruddin Resident of village- Ekra, Ward No.- 12, P.S.- Bounsi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Prasad Singh, Adv.
For the Opposite Party/s :
Mr.H.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366-A of the IPC. Allegedly, petitioner took away the daughter of informant on the allurement of marriage.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that there is contradiction in the statement of the victim recorded u/s 161 Cr.P.C. and 164 Cr.P.C. and the victim was not medically examined by the Medical Officer. Petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.58826 of 2022(2) dt.23-02-2023 2/2 Learned APP for the State opposed the prayer for anticipatory bail by submitting that the victim has supported the prosecution case in her statement u/s 164 Cr.P.C. Considering the statement of the victim, I am not inclined to grant anticipatory bail to the petitioner. The prayer for grant of bail on his behalf is hereby rejected.
However, petitioner is at liberty to surrender before the learned court below and seek regular bail and the learned court below would pass order, preferably, on the same day, without being prejudiced of the rejection of his bail prayer. (Anjani Kumar Sharan, J) pallavi/- U T