Narayan @ Sri Narayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66991 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== NARAYAN @ SRI NARAYAN Son of Ashok Singh Resident of Village - Vishanpur, Vishwanath @ Teliya, P.S.- Rajapakar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Adv.

For the Opposite Party/s :

Mr.Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 363, 365, 364/34 of the Indian Penal Code.

The prosecution story, in brief, is that on 27.03.2022 the informant's husband executed a sale deed with respect to 4.50 decimals land in favour of petitioner on which Billa @ Ranjan Kumar Singh became identifier. The informant has suspicion that her husband was taken away by the accused persons. Her husband is still traceless.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.66991 of 2022(6) dt.16-05-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the informant's husband executed a sale deed on 27.03.2022 in which the informant herself is a witness. There is inordinate delay in lodging the FIR becaused the occurrence is alleged to have taken place on 04.04.2022 but the FIR was lodged on 17.04.2022 regarding which no explanation has been given. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the husband of the informant is still traceless, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

However, the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order in accordance with law without being prejudiced by this order on the very date of surrender.

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