Boby Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2554 of 2025 Arising Out of PS. Case No.-53 Year-2024 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.
Boby Kumar Son of Ashok Das Resident of Soti Chak, P.S. - Shambhuganj, District - Banka 2.
Ashok Das Son of Ugan Das Resident of Soti Chak, P.S. - Shambhuganj, District - Banka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunil Das Son of Kisua Das Resident of Soti Chak, P.S. - Shambhuganj, District - Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md.Najmul Hodda For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-03-2025 Heard the parties.
2. At the outset, it is submitted by learned counsel appearing on behalf of petitioner that he be permitted to withdraw the prayer of anticipatory bail in respect of petitioner no. 1 namely Boby Kumar.
3. Request allowed.
4. In view of submission, the prayer of anticipatory bail of petitioner no. 1 namely Boby Kumar stands rejected as withdrawn for the present.
5. In view of the aforesaid the present petition
Patna High Court CR. MISC. No.2554 of 2025(2) dt.28-03-2025 2/3 survived qua petitioner no. 2 namely Ashok Das, who is the father of the named co-accused namely Boby Kumar who is alleged to elope the minor daughter of the informant.
6. It is submitted by learned counsel appearing on behalf of the petitioner that the father of the main coaccused Boby Kumar who is the petitioner no. 2 arrayed as an accused with this case with only oblique motive to course Boby Kumar into submission. It is submitted that other family members of Boby Kumar was granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 64940 of 2024 through order dated 17.10.2024. While concluding arguments, it is submitted that petitioner is a man of clean antecedents.
7. Learned APP, opposed the prayer of bail.
8. In view of aforesaid factual and legal submission that prima-facie implication of petitioner no. 2 is only for the reason that he is the father of the petitioner
Patna High Court CR. MISC. No.2554 of 2025(2) dt.28-03-2025 3/3 no. 1 namely Boby Kumar, who is the main accused facing thrust of allegation eloping the minor daughter of the informant, accordingly the petitioner no. 2, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-6cum- Spl. Judge POCSO, Banka /concerned Court, where the case is pending in connection with Shambhuganj P.S. Case No. 53 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T