Milan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65150 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- FATUA District- Patna ====================================================== MILAN KUMAR S/o Late Chhati Yadav R/o Station Road Mirzapur nohta, P.S.- Fatuha, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Shankar Sinha For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioner apprehends his arrest in Fatuah P.S. Case No. 137 of 2021 registered for the offences punishable under Section 364A of the Indian Penal Code pending in the Court of learned A.C.J.M., 1st, Patna City.

As per prosecution case, the informant alleged that some persons had kidnapped her husband and demanding ransom.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He submits that the petitioner is not named in the FIR, during the course of investigation one co-accused, who was arrested, made

Patna High Court CR. MISC. No.65150 of 2022(4) dt.16-03-2023 2/2 a confession regarding the present case showing the involvement of the petitioner. He submits that the statement of the victim under Section 164 of the Cr.P.C., in which he has stated that four persons have kidnapped him and they are called the name of Milan (petitioner). He further submits that there is no criminal antecedent against the petitioner as mentioned in para 3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that specific overt act has been attributed against the petitioner. Hence, the petitioner does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case and the statement of the victim under Section 164 of the Cr.P.C., I am not inclined to enlarge the petitioner on anticipatory bail in connection with Fatuah P.S. Case No. 137 of 2021. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) anand/- U T