Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10856 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- HISUWA District- Nawada ====================================================== SANTOSH SINGH, S/o Brahmdeo Singh, Resident of Village - Khankhanapur, P.S. - Hisua, District - Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Hisua P.S. Case No. 49/2021 for the offence registered under Sections 363 and 366(A)/34 of the I.P.C. The prosecution story, in brief, is that on 23.01.2021 the informant's daughter, namely, Beauty Kumari, aged about 16 years, went to the Hisua Bazar at 4.00 P.M. in the evening but she did not return. Search was made but she was not traced

Patna High Court CR. MISC. No.10856 of 2022(2) dt.16-05-2022 2/3 out. On 24.01.2021 at 10.00 A.M., a call came from Mobile Nos. 8603878842 and 9055008215 from one co-accused Abhishek Singh and he said that the victim is with him in Kolkatta and he will perform marriage with her. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is further submitted that the victim and the co-accused, namely, Abhishek Singh, got married and they are leading conjugal life happily. An affidavit made by the victim and co-accused Abhishek Singh has also been enclosed to the supplementary affidavit to this effect.

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

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada, in connection with Hisua P.S. Case

Patna High Court CR. MISC. No.10856 of 2022(2) dt.16-05-2022 3/3 No. 49/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T