Dinesh Chauhan @ Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.769 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== Dinesh Chauhan @ Dinesh Yadav Son Of Prabhunath Chauhan R/O VillageBarwa, Kathar, P.S.- Dhanaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 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 366A and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the daughter of the informant being major and mature girl left her house and eloped with co-accused Sudarshan Nishad out of her sweet will in background of love affair and petitioner was not aware with their love story. He further submits that petitioner has no criminal antecedent as stated in para-3 of this

Patna High Court CR. MISC. No.769 of 2023(2) dt.04-02-2023 2/2 application.

Learned APP for the State opposes the prayer for bail and submits that the victim girl in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Dhanaha P.S. Case No. 208 of 2022. 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.

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