Anil Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17929 of 2023 Arising Out of PS. Case No.-492 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== ANIL KUMAR SHARMA S/O- RAJENDRA THAKUR RESIDENT OF VILLAGE -DUMARI P.S- RAHIKA DISTRICT-MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 363 & 366(a)/34 of the Indian Penal Code.

Allegedly, petitioner is said to have kidnapped the informant's daughter forcibly.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The statement of the victim under Section

Patna High Court CR. MISC. No.17929 of 2023(3) dt.23-06-2023 2/2 164 Cr.P.C. has been recorded, in which she has not supported the prosecution case and stated that she was not kidnapped by the petitioner rather she went with him with her own sweet will. Petitioner has no criminal antecedent as 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 and considering the statement of the victim under Section 164 Cr.P.C., 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 Madhubani Town P.S. Case No. 492 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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