Anil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21245 of 2024 Arising Out of PS. Case No.-339 Year-2023 Thana- MUSAHARI District- Muzaffarpur ====================================================== Anil Kumar Singh S/o Sri Vishvnath Mahto @ Vishwanath Singh R/o vill - Prahaladpur, ward no. 6, P.S. - Musahari, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Singh For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Musahari P.S. Case No. 339 of 2023 registered on 18.11.2023 lodged under Sections 363, 366A, 34 of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against six named accused persons against whom there is an allegation that they have kidnapped the minor daughter of the informant and kept her at unknown place. Counsel for the petitioner further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 21.11.2023 having one criminal case pending
Patna High Court CR. MISC. No.21245 of 2024(2) dt.02-04-2024 2/3 against him, in which he is on bail. Counsel submits that the alleged victim has been recovered on 18.11.2023 and disclosed her statement under Section 164 of the Cr.P.C. before the Magistrate on 19.11.2023 that she was forcefully kidnapped by the petitioner and kept in the rented house. Counsel submits that occurrence alleged to be taken place on 07.11.2023 and F.I.R. has been lodged on 18.11.2023 and case has been forwarded to the Magistrate on 19.11.2023. Counsel further submits that petitioner used to operate shop of DJ and electrical equipments on rent which he has given to the informant. The dues were not been paid to the petitioner upon repeated request and when petitioner pressurized him to pay the dues, informant filed this present case with a view to teach him lesson. Charge-sheet has already been filed in this case.
4. Learned counsel for the State opposes the prayer for bail.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if the charge is not framed yet. and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class
Patna High Court CR. MISC. No.21245 of 2024(2) dt.02-04-2024 3/3 East Muzaffarpur in connection with Musahari P.S. Case No. 339 of 2023 subject to the conditions laid down under Section 437 (3) of the Cr.P.C.
(Dr. Anshuman, J) sunnykr/- U