Shishupal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77540 of 2024 Arising Out of PS. Case No.-262 Year-2024 Thana- HILSA District- Nalanda ====================================================== Shishupal Kumar Son of Govind Singh R/o Vill - Badaua, P.s.- Hilsa, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Sen Prasad Singh, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hilsa P.S. Case No. 262 of 2024 registered for the offences punishable under Sections 366(A), 34 of the Indian Penal Code which is now equivalent to Section 96 of the Bharatiya Nyaya Sanhita, 2023.

3. Allegedly, petitioner is said to have enticed away the informant's sister with the help of co-accused Rohit Kumar for the purpose of marriage or for illegal purpose.

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

Patna High Court CR. MISC. No.77540 of 2024(2) dt.19-11-2024 2/2 based on concocted facts. He is a student of +2 upgraded Secondary School. He has no concern with the alleged occurrence. It is further submitted that the statement of the victim has been recorded under Section 161 Cr.P.C as well as Section 164 Cr.P.C. in which she has not supported the prosecution case. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that the victim girl is minor.

6. Considering the facts and circumstances of the case as well as the age of the victim, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. Accordingly, the application stands dismissed.

8. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T