Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64362 of 2022 Arising Out of PS. Case No.-121 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== ABHAY KUMAR S/o Bhagneshwar Yadav @ Bhageshwar Ray R/o VillageBasantpur Patti, Barha Tola, P.S.- Saraiya, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Saraiya P.S. Case No. 121 of 2022 registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code pending in the Court of learned Additional Chief Judicial Magistrate, IV, Muzaffarpur.

As per prosecution case, informant's daughter was missing since she had gone to coaching. She alleged that the petitioner has kidnapped her daughter.

Learned counsel for the petitioner submits 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. He submits that the petitioner was never seen with the victim

Patna High Court CR. MISC. No.64362 of 2022(2) dt.24-02-2023 2/2 girl at the time of coaching. He further submits that the petitioner has got no criminal antecedent as mentioned in para 3 of the bail application.

Learned APP for the State opposes prayer for bail and submits that the statement of the victim was recorded under Section 164 of the Cr.P.C. in which she has supported the prosecution case. Hence, he does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case and the statement of the victim under Section 164 of the 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, if the petitioner surrenders before the learned Court below within six weeks from today, seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T