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Patna High CourtCR. MISC./74988/2023dismissed

Dalbir Kumar @ Pulin Singh v. The State Of Bihar

2023-12-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74988 of 2023 Arising Out of PS. Case No.-274 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== DALBIR KUMAR @ PULIN SINGH Son of Bulan Singh Resident of Village - Ladugarh, P.S.- Jankinagar, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard the parties.

2. The petitioner apprehend his arrest in connection with Banmankhi P.S. Case No.274 of 2023, registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons kidnapped the minor daughter of the informant for the purpose of marriage.

4. 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. He submits that the statement of the victim

Patna High Court CR. MISC. No.74988 of 2023(2) dt.04-12-2023 2/2 was recorded u/s 161 of Cr.PC as well as u/s 164 of Cr.PC and there is a contradiction of statement of the victim in both the statements. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC.

6. 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.

7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T