Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21195 of 2018 Arising Out of PS. Case No.-61 Year-2017 Thana- BIDUPUR District- Vaishali ====================================================== Banti Kumar, Son of Navin Kumar @ Navin Kumar Gupta, resident of Village- Bidupur, P.S.- Bidupur, District- Vaishali at Hajipur (Bihar). ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rakesh Kumar, Advocate For the Opposite Party :

Mr. Sri Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 61 of 2017, registered for the offences punishable under Sections 363/366(A) of the Indian Penal Code. Allegedly, the petitioner and other F.I.R. named accused persons kidnapped the minor daughter of the informant, boarded her in the Scorpio vehicle and took away towards Hajipur. Submission is of false implication and that for the occurrence of 26.02.2017 the information at the P.S. was received on 01.03.2017 after delay of five days, the statement of the victim girl has been recorded under Section 164 Cr.P.C. wherein she has specifically stated that the accused persons did nothing except torture and they freed her. Similarly situated co-accused Pintu Kumar @ Chintu Kumar, Bittu Kumar Navin Kumar @ Navin

Patna High Court Cr.Misc. No.21195 of 2018(2) dt.01-05-2018 2/2 Kumar Gupta and Anita Devi have already been allowed prearrest bail by another co-ordinate Benchs of this Court. The case of the petitioner is similar, further the victim girl has filed petition in the court of A.C.J.M. 1st Vaishali, Hajipur stating that she was not kidnapped rather she went away out of her own sweet will and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that similarly situated co-accused have been allowed pre-arrest bail In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released 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 Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 61 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T