Shiv Shankar Bhandari @ Shiv Shankar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7791 of 2020 Arising Out of PS. Case No.-98 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== SHIV SHANKAR BHANDARI @ SHIV SHANKAR BHAGAT S/o Ganeshi Bhandari R/o village- Kanta, P.S.- Gayghat, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code. Informant who is the mother of victim has alleged in her written complaint that on 02.04.2019 while they were dining in their house alongwith other family members, FIR named accused including petitioner forcibly abducted her daughter Anuradha Kumari on motorcycle and fled away.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. in which she has not

Patna High Court CR. MISC. No.7791 of 2020(2) dt.28-02-2020 2/2 named the petitioner of being present at the place of occurrence, while three accused, named by her forcibly abducted the victim. The date of occurrence is 02.04.2019 however, FIR was registered on 08.04.2019. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Gayghat P.S. Case No. 98 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T