Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8982 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- BALIYA District- Begusarai ====================================================== CHHOTU KUMAR Son of Nawal Kishor @ Jhakho Paswan Resident of Village - Mansherpur, P.S.- Balia, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in connection with Balia P.S. case No.163 of 2019 registered under Sections 363, 366(A) of the Indian Penal Code.

Allegation is that the accused persons including the petitioner abducted the daughter of the informant. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.8982 of 2020(3) dt.28-01-2022 2/3 present case. The victim has been recovered. Her statement under Section 164 of Cr.P.C. has been recorded, where she has stated that she had left the house out of her own will and got married to one Mahadev. The statement of the victim is in paragraph 61 of the case diary.

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

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, 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 his personal bond to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Balia P.S. case No.163 of 2019, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.8982 of 2020(3) dt.28-01-2022 3/3 the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T