Patna High CourtCR. MISC./77682/2019dismissed

Anoj Yadav @ Anoj Kumar v. The State Of Bihar

2019-11-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77682 of 2019 Arising Out of PS. Case No.-288 Year-2018 Thana- BARHARA KOTHI District- Purnia ====================================================== ANOJ YADAV @ ANOJ KUMAR Son of Lalan Yadav Resident of Village - Kusthan, Bihariganj, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barhara (Raghubans Nagar) P.S. Case No. 288 of 2018 for the offence registered under Sections 363 and 366 of the Indian Penal Code.

The allegation is regarding the petitioner having kidnapped the victim girl.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It has been further submitted that the petitioner is having a clean antecedent and no allegation has been levelled against the petitioner regarding him having committed any untoward incident with the victim girl.

Patna High Court CR. MISC. No.77682 of 2019(2) dt.28-11-2019 2/2 I have heard the learned counsel for the parties and perused the materials on record and I find from a bare perusal of the statement of the victim girl, made under Section 164 Cr.P.C. before the learned Magistrate that the victim girl has stated clearly that the petitioner had kidnapped her when she had gone to ease herself in the night in her field. Having regard to the facts and circumstances of the case, this Court does not find the present case to be a fit case for the purposes of extending the privilege of anticipatory bail to the petitioner herein, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T