Raju Paswan @ Bhukhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70350 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== RAJU PASWAN @ BHUKHU PASWAN Son of Ramswarup Paswan Resident of village - Barith, P.S.- Katrisarai, District - Nalanda.... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-03-2024 Heard Mr.Pramod Kumar Sinha, learned counsel for the petitioner and Mr.Jagdhar Prasad, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Giriyak (Katrisarai) P.S.Case No.340 of 2022, FIR dated 03.07.2022 registered for the offences punishable under Sections 365 and 494 of IPC.

3. According to prosecution case, informant alleged that the petitioner had kidnapped his married daughter since he used to talk with his daughter by different mobile numbers and all belong to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. The name of the petitioner has been transpired

Patna High Court CR. MISC. No.70350 of 2023(3) dt.05-03-2024 2/2 merely on the basis of suspicion and except the suspicion, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.

5. Learned APP for the State, on the other hand, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that it has come during investigation in para-22 of the case diary that the petitioner was in touch with the victim and the victim is still traceless. Further submits that the C.D.R. location of the mobile of the petitioner suggests that he was in regular touch with the victim and he has talked on several times between 01.07.2022 to 02.07.2022 on the date of occurrence.

6. Considering the aforesaid facts and the material available on the record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Giriyak (Katrisarai) P.S.Case No.340 of 2022 pending in the court of learned C.J.M., Nalanda at Biharsharif.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T