Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59718 of 2022 Arising Out of PS. Case No.-264 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== SHAMBHU PASWAN Son of Late Ramdeo Paswan Resident of VillageHarpurwa, Ward No.8, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mrs.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code pending in the Court of learned Court below.

Allegation against the petitioner is that he along with other co-accused persons at the house of the informant and out of them Saroj Paswan has forcibly taken away the minor girl of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the specific

Patna High Court CR. MISC. No.59718 of 2022(2) dt.09-01-2023 2/2 allegation of kidnapping of victim is only against the Saron Paswan not on the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the victim has supported the prosecution case which is clear from the impugned order, hence he does not deserve anticipatory bail. Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioner on bail in connection with Bajpatti P.S. Case No.264/2021. Accordingly, his prayer for anticipatory bail is hereby rejected.

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