Patna High CourtCR. MISC./25921/2023bail granted

Barun Kumar @ Varun Yadav v. The State Of Bihar

2023-07-07Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25921 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Barun Kumar @ Varun Yadav Son Of Late Parmanand Yadav Resident Of Village - Haripur, Ward No.14, Police Station - Salkhua, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Advocate.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP.

For the Informant :

Mr. Bhubneshwar Mahto, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Shailendra Kumar Singh, learned counsel appearing on behalf of the petitioner; Ms. Pushpa Sinha, learned APP for the State and Mr. Bhubneshwar Mahto, learned counsel for the informant.

2. The petitioner seeks pre-arrest bail in connection with Saharsa Sadar P.S. Case No. 02 of 2023 registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code.

3. The allegation against the petitioner is of kidnapping the cousin brother of the informant for the purpose of marriage with a girl of his relation.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent. The alleged incidence took place on 17.12.2022 and the F.I.R. was lodged on

Patna High Court CR. MISC. No.25921 of 2023(2) dt.07-07-2023 2/2 01.01.2023 after a delay of fifteen days. The allegation of kidnapping of the cousin brother of the informant is not sustainable on the fact that after hatching conspiracy F.I.R. has been lodged just to implicate the petitioner in a false case. Petitioner has clean antecedent.

5. Learned counsel appearing on behalf of the informant vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. He has submitted that petitioner is the one who had kidnapped the cousin brother of the informant.

6. Considering the nature of allegation made in the F.I.R. as well as the fact that the victim has not taken the name of the petitioner in the F.I.R. which has been lodged after a much delay and the petitioner has clean antecedent, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No. 02 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T