Ujjawal Kr. Paswan @ Ujjawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74652 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== UJJAWAL KR. PASWAN @ UJJAWAL KUMAR S/O ARUN KUMAR @ ARUN PASWAN R/O VILLAGE- MAJHIGAMA, PINDARUKH, PS. KEOTI, DIST. DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Verma, Sr. Adv Mr. Pranav Kumar Jha, Adv For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP For the Informant :

Mr. Kundan Kumar Jha, Adv Mr. Neelmani Raj, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Keoti P.S. Case No.194 of 2023, registered for the offence punishable u/s 366(A), 504, 506 & 34 of the Indian Penal Code.

3. As per the FIR, the petitioner along with other coaccused persons kidnapped the minor daughter of the informant and also assaulted the informant's side.

4. It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has 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. There is no specific overt act

Patna High Court CR. MISC. No.74652 of 2023(5) dt.03-04-2024 2/2 against the petitioner. There is a case and counter-case between the parties. He further submits that the medical report of the victim does not show any sign of sexual assault upon the victim. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the victim girl 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 as well as considering the statement of victim recorded u/s 164 of Cr.PC, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

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