Samir Das @ Shivshankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12081 of 2024 Arising Out of PS. Case No.-218 Year-2022 Thana- CHANDI District- Nalanda ====================================================== Samir Das @ Shivshankar Kumar S/o Sukhu Das Resident of village Bhokilapar, P.S.- Hilsa, Dist.- Nalanda and presently residing at R/o VillageGandharmath, Gandhar Arozi, P.S.- Ghoshi, Dist.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramakant Singh For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 218 of 2022 dated 05.06.2022 registered under Sections 366(A) / 34 of the I.P.C.
3. As per the F.I.R. on 31.05.2022 at 6:00 P.M. the daughter of the informant had gone to attend nature's call but she did not return till 8:00 P.M. Upon search the informant came to know that two persons have kidnapped the informant's daughter for illegal purposes. It has further been alleged that the petitioner along with other eight accused persons are also involved in the kidnapping of her daughter.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village rivalry. No specific role of the petitioner has been assigned in the F.I.R. and
Patna High Court CR. MISC. No.12081 of 2024(2) dt.12-03-2024 2/2 he along with other eight accused persons on the basis of general and omnibus allegation has falsely been implicated in this case. The victim girl is the sister-in-law of the main accused Raja Kumar and the informant has filed compromise petition before the Judicial Magistrate 1st Class, Nalanda stating that both the parties have arrived at amicable settlement and cordial relations have been restored between them.
5. Regard being had to the submission made by the parties, taking into consideration the omnibus allegation against the petitioner and the fact that informant is the mother-in-law of the main accused Raja Kumar, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-1 Hilsa in connection with Chandi P.S. Case No. 218 of 2022 subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
praful/- (Anil Kumar Sinha, J) U T