Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21733 of 2022 Arising Out of PS. Case No.-171 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== AMIT KUMAR Son of Late Dinesh Ray Resident of Village - Fular Ward no.8, P.s.- Motipur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 307, 363 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, co-accused, Sunaina Devi kidnapped the daughter of informant and on the order of Sunaina Devi this petitioner is alleged to have assaulted the informant with iron rod on his head.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Allegation of kidnapping is against co-accused, Sunaina Devi. Moreover, the victim in her statement u/s 164 of the Cr. P. C denied the prosecution case and stated that there was some altercation between her father and accused, Dinesh Rai and out

Patna High Court CR. MISC. No.21733 of 2022(2) dt.05-09-2022 2/2 of fear she had gone to her friend's house. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Additional Chief Judicial Magistrate-II, West, Muzaffarpur in connection with Motipur PS case No.171/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T