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Patna High CourtCR. MISC./19403/2022allowed

Mritunjay Kumar v. The State Of Bihar

2022-08-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19403 of 2022 Arising Out of PS. Case No.-337 Year-2021 Thana- DIGHA District- Patna ====================================================== Mritunjay Kumar Son Of Sheo Kumar Singh R/O Village- Kashimpur Darhi, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishan Jha For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard learned 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 Sections 363, 365, 364 of the Indian Penal Code.

Informant alleged in the FIR that her husband had gone to Kurji More for bringing vegetables but he did not return back.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submitted that the petitioner has not

Patna High Court CR. MISC. No.19403 of 2022(2) dt.23-08-2022 2/2 been arrested on the spot and he has been made accused merely on suspicion and he has not committed offence of kidnapping. It has also been submitted that a counter case has also been filed by the wife of the petitioner with an allegation that the accused persons including the victim Arvind Kumar have fraudulently taken Rs. 10,00,00/- from Dayanand Kumar on a false promise to give him job in education department. He further submitted that petitioner has one 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, let 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 Digha P.S. Case No. 337 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T