Sanjay Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68645 of 2023 Arising Out of PS. Case No.-577 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Sanjay Mehta Son of Late Jagdish Mehta Resident of Village-Tok Singhpur Itaba, P.S.-Gamhariya, District-Madhepura.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Madhepura P.S. Case No. 577 of 2023 registered for the offences punishable under Sections 363, 366, 379 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that the allegation against the petitioner is that he had taken away the daughter of the informant for purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has got no criminal antecedent.

5. Learned APP for the State has opposed the prayer

Patna High Court CR. MISC. No.68645 of 2023(2) dt.01-11-2023 2/2 for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case in which it appears from the materials on the record that this petitioner is a married person having children and as per allegations, he had allured the victim girl and taken her away and by fraud upon her, he allegedly solemnised marriage with her, the statement of the victim girl under Section 164 Cr.P.C. specifically alleges against the petitioner, in the circumstances, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. The prayer for anticipatory bail of the petitioner is, thus, refused.

8. In case the petitioner surrenders and prays for regular bail in the court below within six weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T