Saket Kumar @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64302 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- MARANCHI District- Patna ====================================================== SAKET KUMAR @ SHIVAM KUMAR S/O RAMSHANKAR SINGH @ KUMAR SHANKAR Resident of village- Badpur, P.S.- Maranchi, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard the parties.

The petitioner apprehend his arrest in connection with Maranchi P.S. Case No.87 of 2022, registered for the offence punishable under Sections 366(a), 363 of the Indian Penal Code. The allegation against the petitioner is that he alongwith other co-accused persons took the minor daughter of the informant from a tilak ceremony.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is not named in the FIR. There

Patna High Court CR. MISC. No.64302 of 2022(2) dt.24-02-2023 2/2 is inimical term with the family members of this petitioner and the informant due to village rivalry and the informant dragged the names of minor brother and unmarried sister of the petitioner. But during the course of investigation, the I.O. did not find any evidence against the minor brother and sister of the petitioner, as such the informant made plan to drag the name of this petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that the victim has supported the prosecution case in her statement recorded u/s 164 Cr.PC. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

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