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Patna High CourtCR. MISC./66036/2024rejected

Dinesh Kumar @ Dinesh Kumar Singh v. The State Of Bihar

2024-10-18Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66036 of 2024 Arising Out of PS. Case No.-668 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Dinesh Kumar @ Dinesh Kumar Singh Son of Dashrath Singh R/O VillageBaletha, Garhpatti, P.S.- Siwan Muffasil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Siwan Muffasil P. S. Case No. 668 of 2023 dated 21.12.2023, instituted for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code.

3. The prosecution case, in short, is that on the date of occurrence informant's daughter went to Kadam More Bazar at 11:00 am for purchasing domestic goods but did not return. Thereafter, the informant searched her daughter and during the course of search, she came to know that her villagers, namely, Parwati Devi and Dasrath Singh including the petitioner have

Patna High Court CR. MISC. No.66036 of 2024(3) dt.18-10-2024 2/3 abducted/kidnapped her with conspiracy of marrying her daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner has no role in kidnapping of the victim girl and he has been made scapegoat in this case due to dirty village politics. In fact, there was love affair between the victim girl and petitioner and they solemnized marriage in the temple. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC. It is next submitted that the victim was stated to be 18 years at the time of occurrence.

6. Having regard to the facts and circumstances of the case as well as considering the fact that the victim girl has supported the prosecution case in her statement recorded u/s 164 of Cr.P.C, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Patna High Court CR. MISC. No.66036 of 2024(3) dt.18-10-2024 3/3 7.Accordingly, this application is dismissed. (Khatim Reza, J) shyambihari/- U