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Patna High CourtCR. MISC./892/2022dismissed

Dharmendra Ram @ Matha Ram v. The State Of Bihar

2022-07-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.892 of 2022 Arising Out of PS. Case No.-235 Year-2020 Thana- LAURIA District- West Champaran ====================================================== 1.

DHARMENDRA RAM @ MATHA RAM Son of Belas Ram Resident of Village- Misha Tola, Police Station- Lauriya, District- West Chamapran 2.

Sangru Ram @ Sangru Kumar Ram Son of Belas Ram Resident of VillageMisha Tola, Police Station- Lauriya, District- West Chamapran 3.

Shivdhar Ram Son of Belas Ram Resident of Village- Misha Tola, Police Station- Lauriya, District- West Chamapran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 366(A), 34 of the Indian Penal Code and section 8 of the POCSO Act. The allegation against the petitioners is that they are involved in the kidnapping of the informant's minor sister for

Patna High Court CR. MISC. No.892 of 2022(2) dt.27-07-2022 2/2 the purpose of marriage.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the victim in her statement u/s 164 Cr.P.C. has not supported the prosecution case. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the victim is a minor, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) pallavi/- U T