Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27002 of 2021 Arising Out of PS. Case No.-292 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== SHASHI KUMAR SON OF RANDHIR ROY @ RANDHIR RAY @ RANDHIR KUMAR R/O VILLAGE- CHAKSIKANDAR, P.S.- TAJPUR, DISTRICT- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2022 Heard the parties.

The petitioner apprehends his arrest in a case in connection with Tajpur P.S. Case No.292/2020, registered for the offence punishable under Sections 366, 366A/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused has kidnapped the daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity. No such occurrence in the manner as alleged has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is further stated that the victim in her statement recorded u/s 164 Cr.P.C. has not

Patna High Court CR. MISC. No.27002 of 2021(4) dt.21-02-2022 2/2 named the petitioner. There is various contradictions in the statement of the victim and her family members. The medical Board has opined that the opinion regarding age cannot be given as radiological reports are not available, there is no sign of sexual assault and sexual contact seems to be established in the past. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the victim has not named the petitioner in her statement u/s 164 Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Tajpur P.S. Case No.292/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T