Ritesh Kumar @ Ritesh Kumar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27082 of 2022 Arising Out of PS. Case No.-709 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== RITESH KUMAR @ RITESH KUMAR SHAH SON OF RAMESH SHAH R/O MOHALLA- BHAGWAN BAZAR, P.S.- BHAGWAN BAZAR, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 366(A) of the Indian Penal Code. Allegation against the petitioner and other F.I.R. named accused persons is of kidnapping the daughter of informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is general and omnibus in nature.

Patna High Court CR. MISC. No.27082 of 2022(2) dt.06-09-2022 2/2 It is submitted that it is not a fit case of kidnapping rather the victim has gone to Siliguri on her own will with the co-accused Anand Kumar Shah. The victim was recovered and her statement was recorded u/s 164 Cr.P.C., in which, she stated that nothing wrong has been committed by anyone. Petitioner is the son of Dewanti Devi and victim has stated that she was kept at his house for six days by the co-accused. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let him, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chapra Mufassil P.S. Case No.709/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T