Annu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44290 of 2018 Arising Out of PS.C.ase No. -153 Year- 2018 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Annu Kumar Sah S/o Lal Babu Sah, R/o Vill.- Narayanpur Patahi, P.S.- Muzaffarpur Sadar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Kanti P.S. Case No. 153/2018, instituted for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code. In the written report, it is alleged that Rahul Kumar along with other accused persons kidnapped the daughter of the informant.

Learned counsel for the petitioner has submitted that the petitioner has no concern with the family of Rahul Kumar. He is not a family member of Rahul Kumar. His name has figured only on the basis of suspicion. There is general and omnibus

Patna High Court Cr.Misc. No.44290 of 2018 (2) dt.25-07-2018 2/2 allegation against the petitioner that he and others did not disclose the whereabout of the daughter of the informant. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kanti P.S. Case No. 153/2018, he shall be released on anticipatory 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 Sub-Divisional Judicial Magistrate(West), Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.)