Prabhu Rai @ Prabhu Kumar @ Prabhu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21630 of 2024 Arising Out of PS. Case No.-114 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Prabhu Rai @ Prabhu Kumar @ Prabhu Kumar Yadav Son of Vishwanath Rai @ Bishwanath Rai Resident of Village- Dighi Kala West, Police StationHajipur Sadar, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachin Kumar, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 114 of 2019 registered under Sections 363 and 366 of the Indian Penal Code.

3. As per F.I.R., allegation against this petitioner is that he along with other accused persons kidnapped the wife and son of informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the present case has been lodged after an inordinate delay of 41 days without any plausible explanation. By filing a

Patna High Court CR. MISC. No.21630 of 2024(5) dt.18-09-2024 2/2 supplementary affidavit, learned counsel for the petitioner submits that informant lodged the present case due to misunderstanding. The real fact is that the wife of informant solemnized her second marriage and is living somewhere in Gujarat. After knowing this fact, informant upon the intervention of well wishers, settled the dispute amicably, and both parties have also filed a compromise petition on 14.05.2024 before the Court below.

5. Having considered the fact that both the parties have compromised the present case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 114 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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