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Patna High CourtCR. APP (SJ)/317/2022allowed

Janu Singh @ Janu Kumar v. The State Of Bihar

2023-03-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.317 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- SALIMPUR District- Patna ====================================================== Janu Singh @ Janu Kumar Son Of Kamlesh Singh R/O Village- Narauli, P.S.- Salimpur, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rocky Kumar Son of Ashok Chaudhary R/o vill- Muradpur, P.S.- Salimpur, Dist- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sanjay Kumar For the Informant :

Mr. Uma Shankar Prasad Singh For the State :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 21.12.2021 passed by learned Additional District & of Salimpur P.S. Case No. 42 of 2021 instituted for the offences punishable under Sections 363, 366(A), 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s), 3(2)(v) a of the SC & ST (Prevention of Atrocities) Act

Patna High Court CR. APP (SJ) No.317 of 2022(4) dt.16-03-2023 2/3 whereby his prayer for being released on bail has been rejected.

The accusation is of kidnapping the sister of the informant.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The victim in her 164 Cr.P.C statement has not named the appellant. The appellant is in custody since 29.09.2021. A statement has been made in para 3 of the petition that appellant has no criminal antecedent.

Learned counsel appearing on behalf of the appellant and learned Special P.P for the State have vehemently opposed the prayer for bail of the appellant. Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 21.12.2021 passed by learned Additional District &

Patna High Court CR. APP (SJ) No.317 of 2022(4) dt.16-03-2023 3/3 of Salimpur P.S. Case No. 42 of 2021.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & of Salimpur P.S. Case No. 42 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T