Mukesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5631 of 2023 Arising Out of PS. Case No.-203 Year-2018 Thana- GAMAHARIYA District- Madhepura ====================================================== Mukesh Ram S/O Vinod Ram R/V- Jiwachpur, Ward No. 10, P.S.- Gamhariya, District- Madhepura ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code.
As per the FIR, five accused persons including the petitioner kidnapped the minor daughter of the informant with intention marry her.
Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the victim in her statement under Section 164 of the Cr.P.C. stated that her age is 20 years and has not uttered
Patna High Court CR. MISC. No.5631 of 2023(2) dt.05-05-2023 2/2 a single word against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.
Considering the facts and circumstances of the case and the statement of the victim under Section 164 of the Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gamhariya P.S. Case No. 203 of 2018, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T