Sanjay Yadav @ Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83603 of 2023 Arising Out of PS. Case No.-151 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Sanjay Yadav @ Sanjay Kumar Yadav S/O Rambilash Yadav @ Ram Bilash Yadav R/O Village- Bhadour, P.S- Ghanshyampur, Distt.- Darbhanga. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Ghanshyampur P.S. Case No. 151 of 2021 dated 25.06.2021, registered for the offence punishable u/s 366(A)/34 of the I.P.C., pending in the court of learned A.C.J.M.-III, Biraul, Darbhanga.

3. Allegation against the petitioner is that he abducted the minor daughter of the informant for the purpose of marriage. It is further alleged that when the informant went to the residence of the accused to inquire about his daughter then the accused along with 3-4 unknown persons have assaulted the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely

Patna High Court CR. MISC. No.83603 of 2023(2) dt.09-01-2024 2/2 implicated in this case due to previous grudge. The allegations levelled against the petitioners is general and omnibus in nature.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the statement of the victim recorded u/s 164 of Cr.P.C. has supported the prosecution case, the allegations levelled against the petitioners is serious in nature, hence he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, the argument of the parties, and statement of the victim recorded u/s 164 of the Cr.P.C. which is supported the prosecution case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) annpurna/- U T