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Patna High CourtCR. MISC./88677/2024rejected

Jawahar Kumar @ Jawahar Lal v. The State Of Bihar

2025-01-08Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88677 of 2024 Arising Out of PS. Case No.-241 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== Jawahar Kumar @ Jawahar Lal S/O Bhim Singh R/O Vill.- Pawa, P.S.- Deepnagar, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2025 Heard Mr. Raj Kishor Prasad, learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Barahiya P.S. Case No. 241 of 2021, F.I.R. dated 13.09.2021 for the offences punishable under Sections 366A/34 of the Indian Penal Code.

3. According to prosecution case, this petitioner along with his family members abducted the victim for the sake of marriage.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.88677 of 2024(2) dt.08-01-2025 2/2 petitioner has not committed any offences as alleged in the F.I.R.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is the uncle of the victim and it appears from the F.I.R that there is direct and specific allegation against the petitioner that he has abducted the victim girl. He further submits that it appears from the school leaving certificate of the victim that her date of birth is 05.12.2007 and at the time of occurrence the victim was minor.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Barahiya P.S. Case No. 241 of 2021 pending in the court of Chief Judicial Magistrate, Lakhisarai.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T