Baharan Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75219 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.

BAHARAN MIAN S/O Late Kashim Mian R/O Village- Kauria Nalbandi Tola, P.S- Bhagwanpur Hat, District- Siwan 2.

Rabeya Khatoon @ Rabeya Bibi W/O Baharan Mian R/O Village- Kauria Nalbandi Tola P.S- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard the parties.

The petitioner apprehends their arrest in a case registered for the offence punishable under sections 366(A)/34 of the Indian Penal Code.

The allegation against the petitioner is that petitioners alongwith other co-accused kidnapped the daughter of the informant for the purpose of marriage.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have 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

Patna High Court CR. MISC. No.75219 of 2022(2) dt.04-02-2023 2/2 general and omnibus in nature. There is an inordinate delay of 3 days in lodging the FIR. The petitioners are the father and mother of co-accused Aftab Alam. He further submits that there is love affair between the co-accused Aftab Alam and informant's daughter and she left her house with her own will. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the statement of victim was recorded u/s 164 Cr.PC in which she has supported the prosecution case.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. Accordingly, this application is dismissed.

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