Gulshan Kumar @ Gulshan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19679 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- BARUN District- Aurangabad ====================================================== Gulshan Kumar @ Gulshan Son Of Suchit Singh Yadav @ Suchit Singh R/O Village - Janpur, P.S.- Barun, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Veena Rani Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 363 and 366 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused person are alleged to have kidnapped the minor sister of the informant while she went to attend the call of nature. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.19679 of 2022(2) dt.10-02-2023 2/2 petitioner has no criminal antecedent as stated at para 3 of the bail petition. There is delay in lodging the F.I.R. The victim in her statement recorded u/s 164 of the Cr.p.c has not stated the name of the petitioner in the crime alleged.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Aurangabad in connection with Barun P.S. Case No. 217 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T