Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11207 of 2021 Arising Out of PS. Case No.-122 Year-2019 Thana- RAMPUR District- Gaya ====================================================== VIVEK KUMAR, S/o Sidheshwar Prasad R/o village- Rajaura, P.S.- Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2022 Heard Ms. Archana Mishra, learned Advocate for the petitioner and Mr. Yogendra Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Rampur P. S. Case No. 122 of 2019, dated 02.05.2019, instituted for the offences under Section 365 of the Indian Penal Code.

The daughter of the informant went missing and the informant suspected the hands of his erstwhile tenant namely, Arvind Kumar. The petitioner is the brother of aforesaid Arvind Kumar who was seen roaming around at a place where the victim used to go for attending her

Patna High Court CR. MISC. No.11207 of 2021(2) dt.22-02-2022 2/3 beautician course classes.

The learned Advocate for the petitioner has drawn the attention of this Court to the statement of the victim girl given under Section 164 Cr.P.C., in which she has stated that she had gone to her aunt's house in Ludhiana, without informing her family members. She learnt at Ludhiana that her mother has filed a case of kidnapping, raising suspicion against some of the accused persons. She has specifically stated that the accusation is based on some misconception of facts.

On the basis of the aforesaid 164 statement, some of the other accused persons of this case have been granted anticipatory bail by a Bench of this Court vide order dated 03.09.2019 passed in Cr. Misc. No. 55647 of 2019. Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two

Patna High Court CR. MISC. No.11207 of 2021(2) dt.22-02-2022 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Rampur P. S. Case No. 122 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T