Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22536 of 2024 Arising Out of PS. Case No.-1235 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

Bipin Kumar S/O Sitaram Sah 2.

Sitaram Sah S/O Nathuni Sah Both R/O Village- Jamalabad, P.S- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-04-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and petitioner no.1 is son of petitioner no.2. It is further submitted that the victim has been recovered and her statement has been recorded under Section 164 Cr.P.C. wherein she has not even taken the name of the petitioners. It is also submitted that the victim in her statement recorded under Section 164 Cr.P.C. has stated that she had gone to purchase Biscuits when Abhishek came on a car and made her sit in the vehicle and thereafter took her to Mahua and

Patna High Court CR. MISC. No.22536 of 2024(2) dt.24-04-2024 2/2 kept her for six days and thereafter some person of Mukhiya came and brought her to Muzaffarpur further for six days physical relation was established.

4. The learned counsel submits that he has made the aforesaid submission based on the statement of the victim recorded under Section 164 in the case diary at para-31.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of RRs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No.1235 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T