Patna High CourtCR. MISC./62751/2023dismissed

Raushan Kumar v. The State Of Bihar

2023-10-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62751 of 2023 Arising Out of PS. Case No.-837 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

RAUSHAN KUMAR SON OF RAJU SAHANI RESIDENT OF VILLAGE - AMAITHA, P.S. - SARAIYA (JAITPUR O.P.) DISTRICT - MUZAFFARPUR 2.

RAJU SAHNI SON OF LATE BASUDEV SAHNI RESIDENT OF VILLAGE - AMAITHA, P.S. - SARAIYA (JAITPUR O.P.) DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with other co-accused persons kidnapped the minor daughter of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty

Patna High Court CR. MISC. No.62751 of 2023(2) dt.16-10-2023 2/2 village politics. The allegation levelled against the petitioners is totally false and based on concocted facts. They have been made accused in the present case due to election rivalry. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that the statement of the victim has been recorded under Sections 161 & 164 Cr.P.C. in which she has supported the prosecution case.

6. Considering the age of the victim as well as her statement recorded under Section 164 Cr.P.C., I am not inclined to enlarge the petitioners on anticipatory bail.

7. The prayer for anticipatory bail of the petitioners is hereby rejected.

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