Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11986 of 2020 Arising Out of PS. Case No.-643 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== AKASH KUMAR Son of Anil Kumar Singh @ Anil Kumar Sinh Resident of Village/Mohalla - Kamarpur Dhawa, P.S. - Parasbigha, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Singh,Adv For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Jehanabad P.S. Case No. 643 of 2018, registered under sections 363 and 366A of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that her 14 year old minor daughter disappeared and on inquiry, it transpired that five named accused persons including one Suraj Kumar and the petitioner herein have a hand in her disappearance. It is further stated that she was assured that her daughter would return in two days.

Patna High Court CR. MISC. No.11986 of 2020(3) dt.26-06-2020 2/3 It is submitted by learned counsel for the petitioner that on return, statement of the daughter of the informant was recorded under Section 164 Cr.P.C. which has been brought on record as Annexure-2 to the petition. She states therein that she accompanied Suraj to Gaya and thereafter to Delhi where they married. It is further submitted that the petitioner has not been named in the statement under section 164 Cr.P.C. and Suraj Kumar has been enlarged on bail vide order dated 13.05.2019 passed in Cr. Misc. No. 22357 of 2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the statement of the daughter of the informant under section 164 Cr.P.C. and grant of bail to coaccused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Jehanabad P.S. Case no. 643 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.11986 of 2020(3) dt.26-06-2020 3/3 sureties of the like amount each to the satisfaction of learned Additional Session Judge 1st, Jehanabad subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T