Nawal Roy @ Nawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6237 of 2023 Arising Out of PS. Case No.-659 Year-2021 Thana- MAHUA District- Vaishali ====================================================== NAWAL ROY @ NAWAL KUMAR Son of Saryug Ray Resident of Village - Ismilpur East, P.S.- Sadar Hajipur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== 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 366(A) and 34 of the Indian Penal Code.

As per the prosecution case, the informant alleges that on 22.10.2021 at about 10:00am, his neighbour Madhuri Devi had a quarrel with his wife with regard to marriage of his daughter (victim) thereafter on the same day at about 5:00 pm, his minor daughter was missing, accordingly a search was made but the victim could not be found.

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.

Patna High Court CR. MISC. No.6237 of 2023(2) dt.05-05-2023 2/2 He submits that the petitioner is not named in the FIR, the name of the petitioner came in this case on the basis of the statement of victim girl recorded under Section 164 of the Cr.P.C. Similarly situated co-accused has been enlarged on bail by a co-ordinate Bench of this court vide order dated 16.09.2022 passed in Cr. Misc. No. 13415 of 2022. 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, 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 Mahua P.S. Case No. 659 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T