Suboodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9584 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Suboodh Kumar S/O Ganesh Ray Village- Kiratpur Rajaram, Ps. Bhagwanpur, Distt. Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan No. II, Adv.
:
Ms. Priyanka Kumari, Adv.
For the Opposite Party/s :
Ms. Sangeeta Sharma, APP For the informant :
Ms. Kumari Rupa, Adv.
:
Mr. Rajeev Ranjan, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Bhagwanpur P.S Case No. 99 of 2023 dated 17.04.2023, for the offences punishable under Sections 363 and 366 of the I.P.C.
3. As per the prosecution case, at about 08:00 A:M, informant submitted that his daughter, namely, Annu Kumari, aged about 17 years, went to training centre, but did not return till late night. Then informant and his family members went to the training centre, but they got knowledge that she had not come there. He further alleged that his daughter has been
Patna High Court CR. MISC. No.9584 of 2024(4) dt.21-02-2025 2/3 kidnapped by some unknown persons.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is not named in the F.I.R. He next submits that during the course of investigation, victim girl has been recovered and her statement has been recorded u/s 164 Cr.P.C. in which she has implicated the petitioner in this case at the instance of his parents due to previous disputes. The petitioner and the informant are next door neighbours and there are some land dispute also between the parties. From perusal of the records, it will appears that the victim girl himself fled away from her house and nobody has kidnapped her. Lastly, he has prayed to enlarge the petitioner on anticipatory bail.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the victim girl has been recovered and she has given her statement under Section 164 Cr.P.C. before Magistrate in which she has not alleged any act or overt act against the petitioner rather she had stated that on 17.04.2023, she had gone outside her home
Patna High Court CR. MISC. No.9584 of 2024(4) dt.21-02-2025 3/3 without disclosing this fact to anyone. She has further deposed that she had gone there on her own will, let the above named petitioner be enlarged on anticipatory bail on furnishing bailbond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 1 Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 99 of 2023, in the event of his arrest/surrender within a period of four weeks from receipt/production of this order, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(S. B. Pd. Singh, J) Prabhakar/- U T