Shamir @ Sharul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82446 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- THAKURGANJ District- Kishanganj ====================================================== Shamir @ Sharul Haque S/o Md. Budu @ Md. Budhu @ Budhu R/o vill - Malkadanga, Dhantola, P.S. - Islampur, Distt.- Uttar Dinajpur (W.B) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Israil S/o Late Yad Ali R/o vill - Dudhauti, ward no. 4, P.s. - Thakurganj, Distt.- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kr. No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr. Dilip Kr. No. 1, learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Thakurganj P.S. Case No.112 of 2024, registered for the offence punishable u/s 137(2), 96, 143, 62, 3(5) of B.N.S., 2023. 3.

Allegedly, the petitioner along with other co-accused persons have kidnapped the minor daughter of the informant with the intention to marry her and tried to sell her. It is further alleged that they also assaulted her and threatened her to kill. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to local politics

Patna High Court CR. MISC. No.82446 of 2024(2) dt.11-12-2024 2/2 and ulterior motive. Occurrence took place on 19.07.2024 and FIR was lodged on 30.07.2024 i.e after the delay of 11 days without any proper explanation for the said delay. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail by submitting that statement of the victim was recorded under Section 183 of the B.N.S., 2023, in which she has supported the prosecution case.

6.

Considering the aforesaid facts and circumstances and the fact that victim has supported the prosecution case in her statement recorded under Section 183 of B.N.S., 2023, 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) priyanka/- U T