Anoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20215 of 2025 Arising Out of PS. Case No.-254 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Anoj Kumar S/o Ram Vilash Sharma R/o Village- Bhushwar, P.S.- Bibhutipur, District- Samsstipur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Madhav Kumar, Advocate For the State :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366A and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 14.07.2023 at about 5 AM, informant's 15 years old sister went to attend nature's call and was allegedly kidnapped by this petitioner and co-accused Vinod Kumar on a motorcycle. It is further alleged that when informant searched for the victim and reached at the house of accused persons, he was abused and assaulted by all the F.I.R. named accused persons.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.20215 of 2025(3) dt.12-05-2025 2/3 falsely been implicated in this case. Informant is not an eye witness of the alleged occurrence. As a matter of fact, the victim herself went to the house of her aunt (Mausi) after being scolded by her mother and this petitioner has not kidnapped her. The victim in her statement recorded under Section 164 of the Cr.P.C. has denied the factum of kidnapping and has categorically stated that no one kidnapped her and she, on her own accord, went to the house of her Mausi. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the nature of accusation, statement of victim recorded under Section 164 of the Cr.P.C. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rosera in connection with Bibhutipur P.S. Case No. 254 of 2023, subject
Patna High Court CR. MISC. No.20215 of 2025(3) dt.12-05-2025 3/3 to conditions as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T