Aman @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4222 of 2023 Arising Out of PS. Case No.-236 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== Aman @ Aman Kumar S/O Late Anil Singh Resident Of Village- Dih Buchauli, P.S.- Jandaha, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 365, 366, 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the victim girl has appeared suo moto for giving her statement under Section 164 Cr.P.C. clearly indicate that the co-called victim along with her sasural people has implicated this petitioner in planned way only with a purpose to take revenge. He submits that the case has been compromised between the parties. He further submits that petitioner has no criminal antecedent as stated in para-3 of

Patna High Court CR. MISC. No.4222 of 2023(2) dt.06-04-2023 2/2 this application.

Learned APP for the State opposes the prayer for bail and submits that there is specific allegation against Sujit Singh and the petitioner who took the victim to Delhi and tortured her. Accused Sujit Singh told her to marry with the petitioner. Accused Sujit Singh and petitioner established physical relation with her.

Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Jandaha P.S. Case No. 236 of 2021.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the case has been compromised between the parties.

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