← Library
Patna High CourtCR. MISC./19361/2022allowed

Mithun Kumar v. The State Of Bihar

2022-08-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19361 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- MOKAMAH District- Patna ====================================================== Mithun Kumar Son Of Pankaj Kumar R/O Village- Ward No.-4 Mokama, P.S.- Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Manoj Kumar Pandey, Adv.

Ms. Kumari Pallavi, Adv.

For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 366 of the Indian Penal Code.

Petitioner is said to have abducted the daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt

Patna High Court CR. MISC. No.19361 of 2022(2) dt.24-08-2022 2/2 act against the petitioner. He submits that the daughter of the informant herself went with one Krishna Kumar by her own sweet will. He submits that the petitioner is the elder brother of Krishna Kumar. He submits that no case under Section 366 IPC is made out against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Mokama P.S. Case No. 258 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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