Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7284 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Golu Kumar Son of Manoj Ray R/O Mohalla- Hathsarganj, P.S- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 365, 366(A), 307, 452/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that Puja Kumari, daughter of the informant was kidnapped by one Sunil Rai. Anyhow, the informant's daughter succeeded to return her house. Again, while the informant's daughter was sleeping on the roof, the said Sunil Rai, tried to kidnap her and when the protest was made, firing was made.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.7284 of 2019(2) dt.19-02-2019 2/2 petitioner has been falsely implicated in the present case. The victim has not named the petitioner in the present case. Subsequently, the matter has been settled between the parties vide Annexure-3 to the present application. The informant has retracted from his earlier statement and to that effect, a petition has been filed in the court below.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 234 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T