Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3523 of 2022 Arising Out of PS. Case No.-611 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== 1.

SUMAN KUMAR Son of Late Ganeshi Sharma Resident of VillageBhagwanpur, Ward No.05, P.S.- Sour Bazar, District- Saharsa. 2.

YOGENDRA SHARMA Son of Late Ganeshi Sharma Resident of VillageBhagwanpur, Ward No.05, P.S.- Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mrs.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Learned Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.1, as the petitioner No.1 has been taken into judicial custody. Permission is accorded.

The application filed on behalf of petitioner No.1 is dismissed as withdrawn.

The petitioner No.2 is apprehending his arrest in a

Patna High Court CR. MISC. No.3523 of 2022(2) dt.24-03-2022 2/3 case registered under Sections 363, 366A of the Indian Penal Code.

Allegation is that the accused persons including the petitioner No.2 kidnapped the daughter of the informant. It has been submitted on behalf of the petitioner No.2 that the petitioner No.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No.2. The petitioner No.2 has falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded, in which she has stated that she had married with the petitioner No.1 out of her own will. She has not supported the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner No.2 is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner No.2, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection

Patna High Court CR. MISC. No.3523 of 2022(2) dt.24-03-2022 3/3 with Madhepura (Bharrahi O.P.) P.S. case No.611 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T