Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8583 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== SANJAY KUMAR Son of Rambriksh Mahto R/o Mohalla- Bidupur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Buddha Colony P.S. Case No. 293 of 2018, registered for offences punishable under Sections 341, 323, 379, 494, 504, 506 and 34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that the petitioner along with other co-accused persons enticed away the wife of the informant with Rs. 2,50,000/-. Earlier a case has also been lodged by the informant under Sections 363 and 366 of the Indian Penal Code and in that case statement of the wife of the informant under Section 164 Cr.P.C. was recorded in which she clearly stated that she was not abducted, which will appear from Annexure-2 and now the present case has been lodged.

Patna High Court Cr.Misc. No.8583 of 2019(2) dt.13-02-2019 2/3 Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and other co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 20.12.2018 passed in Cr. Misc. No. 76442 of 2018.

Learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail due to the reason that the informant is still traceless.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Budha Colony P.S. Case No. 293 of 2018, to the satisfaction of learned A.C.J.M.-XVI, Patna, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T

Patna High Court Cr.Misc. No.8583 of 2019(2) dt.13-02-2019 3/3