Shivam Kumar @ Shil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81151 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Shivam Kumar @ Shil Kumar S/O O.P. Rai @ Upendra Rai @ O.P. Ray @ Upendra Ray R/O Village- Hetinpur, P.S- Vidyapati Nagar, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur, Advocate For the Opposite Party/s :

Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 Heard learned counsels for the parties.

2.

The petitioner apprehend his arrest in connection with Patori P.S. Case No.71 of 2024, registered for the offence punishable under Sections 366A/34 of the Indian Penal Code. 3.

The allegation against the petitioner is that he took away the minor daughter of informant and kept her somewhere with an intention of marriage by enticing her.

4.

It is submitted by learned 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. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.81151 of 2024(2) dt.10-12-2024 2/2 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.P.C. 6.

Having regard to the facts and circumstances of the case as well as considering the statement of victim, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

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