Jay Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10397 of 2023 Arising Out of PS. Case No.-379 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Jay Prakash Kumar Son of Shiv Baran Sah @ Shiv Sharan Sah Resident of Village - Patpariya Hal, P.O. and P.S.- Muffasil Motihari, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mrs.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons including petitioner kidnapped the minor daughter of informant.

It is submitted that petitioner has been falsely implicated in this case. Specific allegation of kidnapping is against co-accused Dhananjay Kumar. Petitioner has been made accused in this case simply because he happens to be friend of Dhananjay Kumar. The victim girl in her statement under

Patna High Court CR. MISC. No.10397 of 2023(2) dt.15-05-2023 2/2 Section 164 Cr.P.C has not stated anything about this petitioner. Similarly situated co-accused have been granted bail by this Court. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Muffasil P.S. Case No. 379 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T