Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8722 of 2023 Arising Out of PS. Case No.-92 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== 1.

Sonu Kumar S/O Mahendra Singh Resident Of Village- Meghpur Singhara, P.S.- Mahua, District- Vaishali.

2.

Ram Pravesh Singh S/O Late Ram Charan Singh Resident Of VillageLodipur, P.S.- Mahnar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Mahnar P.S. Case No. 92 of 2022 registered for the offences punishable under Sections 365 and 366(A)of the Indian Penal Code .

It is a case of kidnapping of informant's minor daughter Anjali Kumari by the petitioners.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that no specific overt act has been attributed against the petitioners. The occurrence took place on 05.04.2022

Patna High Court CR. MISC. No.8722 of 2023(2) dt.18-04-2023 2/2 and the FIR has been lodged on 12.04.2022, after delay of more than seven days without explaining any reasonable cause of delay which cause serious doubt. It is further submitted that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submitted that the statement of the victim recorded under section 164 of the CR.P.C, in which, she has supported the prosecution case.

Considering the statement of victim recorded under section 164 of the Cr.P.C., I am not inclined to grant privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail stands rejected.

However, if petitioners surrender before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioners, preferably, on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) N.K/- U T