Anuj Yadav @ Anoj Yadav @ Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7149 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Anuj Yadav @ Anoj Yadav @ Anuj Kumar son of Asnarayan Yadav VillageBeldas Colony Ps- Kutumba Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Kutumba P.S. Case No. 207 of 2023, registered for the alleged offence under Sections 363, 366A, 34 of the Indian Penal Code.

03. As per prosecution case, the minor daughter of the informant was kidnapped by co-accused Jitendra Bhuiyan with the help of this petitioner with intention to marry her.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The case has been lodged after delay of six days, for which there is no explanation. The petitioner has been falsely implicated in this case and merely on suspicion. The informant

Patna High Court CR. MISC. No.7149 of 2024(2) dt.17-02-2024 2/3 is not an eye witness to the alleged occurrence. During course of investigation, the victim girl was recovered along with coaccused Jitendra Bhuiyan and her statement was recorded wherein she has given contradictory statement. The victim girl has also refused to undergo medical examination. The prosecution story is not believable for the reason that the informant alleged that his daughter went to school for filling up form, but on that date school was closed on account of holiday. The petitioner has got no criminal history.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague and non-specific nature of allegation against the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned learned Additional Sessions Judge-VI-cum-Exclusive Special Judge, POCSO Act, Aurangabad/concerned court in connection with Kutumba P.S. Case No. 207 of 2023, subject to the

Patna High Court CR. MISC. No.7149 of 2024(2) dt.17-02-2024 3/3 condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T