Umesh Patel @ Umeshwar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9976 of 2023 Arising Out of PS. Case No.-211 Year-2021 Thana- GAUNAHA District- West Champaran ====================================================== 1.

UMESH PATEL @ UMESHWAR PATEL Son of Late Hira Patel Resident of Village- Lachhuanta, P.S.- Gaunha, District- Champaran 2.

SANDIP PATEL @ SANDIP KUMAR Son of Umesh Patel @ Umeshwar Patel Resident of Village- Lachhuanta, P.S.- Gaunha, District- Champaran 3.

MUNNU PATEL @ SANKESH PATEL Son of Umesh Patel @ Umeshwar Patel Resident of Village- Lachhuanta, P.S.- Gaunha, District- Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Chandra Verma For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 366A, 379/34 of the Indian Penal Code and section 8 of POCSO Act. The allegation against the petitioner is that he is involved in the kidnapping of the daughter of the informant. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.9976 of 2023(2) dt.20-04-2023 2/2 general and omnibus in nature. He submits that the petitioners are the agnates of co-accused Jairam Patel. He further submits that the victim has not supported the prosecution case in her statement u/s 164 of Cr.PC. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as considering the statement of victim, let the above named petitioners, be released on bail, in the event of their 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) each 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 Gaunha P.S. Case No.211 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T