Sanjay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67306 of 2023 Arising Out of PS. Case No.-237 Year-2020 Thana- ITARHI District- Buxar ====================================================== SANJAY MISHRA S/o Arjun Mishra R/o Village-Pandeypur, Dullahpur, P.S.- Simari, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Itarhi P.S. Case No.237 of 2020, registered for the offence punishable under Sections 365, 366, 367, 370/34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is that he, along with other co-accused persons, by way of conspiracy abducted the daughter of the informant along with her two years minor girl (Natni of the informant) and sold them out at the cost of Rs. 1,10,000/-. It is further alleged that the petitioner and other accused persons are involved in immoral trafficking of women.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.67306 of 2023(4) dt.09-04-2024 2/2 He has been falsely implicated in this case. He submits that the petitioner is not named in the FIR but during course of investigation, the petitioner has been made accused in the present case. He further submits that there is no eyewitness in the present case and only on the basis of suspicion, the petitioner has been made accused.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that during investigation name of the petitioner has cropped up, hence, he does not deserve the privilege of anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence and the materials found in the case diary, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) perwez U T