Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29103 of 2023 Arising Out of PS. Case No.-90 Year-2017 Thana- DESARI District- Vaishali ====================================================== PAWAN KUMAR S/o Bhubneshwar Rai @ Muneshwar Rai Resident of village-Hargovindpur (Karnauti), P.S.-Mahnar, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate Mr. Subodh Kumar Jha, Advocate Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 366(A), 365 of the Indian Penal Code.

3. It is alleged that some unknown miscreants have kidnapped the minor daughter of the informant.

4. It is submitted that petitioner is not named in the F.I.R and only on the basis of suspicion he has been made accused in this case. In fact victim in her statement under section 164 Cr.P.C has not levelled any specific allegation against the petitioner of kidnapping her. It is further stated that a compromise petition has also been filed in the Court below on

Patna High Court CR. MISC. No.29103 of 2023(2) dt.17-07-2023 2/2 17.10.2017. There is no eye witness of the occurrence. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the statement of the victim under section 164 Cr.P.C and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 ACJM, IX, Vaishali at Hajipur in connection with Desari P.S. case no 90 of 2017, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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