Md. Raja Khalifa @ Raja Kumar @ Raja Khalifa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74973 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. RAJA KHALIFA @ RAJA KUMAR @ RAJA KHALIFA SON OF RUSTAM KHALIFA R/O OF VILLAGE- BOHA TOLA, WARD NO.2, P.S.- SITAMARHI, DISTRICT- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv Mr. Pushpendra Kumar Singh, Adv For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard the parties.
2. The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No.155 of 2023, registered for the offence punishable under Sections 363, 365, 366(A), 370, 370(A), 372, 373, 376, 120(B) of the Indian Penal Code and 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act.
3. The allegation against the petitioner is that he along with other co-accused persons kidnapped the daughter of the informant.
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.
Patna High Court CR. MISC. No.74973 of 2023(2) dt.04-12-2023 2/2 There is no specific overt act against the petitioner. The house from which the victim was recovered does not belongs to the petitioner. 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 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. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T