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Patna High CourtCR. MISC./29699/2024allowed

Sandip Rai @ Sandip Kumar @ Prabhakar Kumar v. The State Of Bihar

2024-07-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29699 of 2024 Arising Out of PS. Case No.-433 Year-2020 Thana- SAHPUR District- Patna ====================================================== Sandip Rai @ Sandip Kumar @ Prabhakar Kumar S/O Surendra Rai R/O Village- Khaspur, P.S- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have kidnapped the daughter of the informant, with ill intention.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the statement of the victim was recorded under Section 164 of Cr.P.C., in which she has not supported the prosecution case.

Patna High Court CR. MISC. No.29699 of 2024(2) dt.03-07-2024 2/2 He further submits that in her statement the victim stated that she herself voluntarily went with the petitioner and got married with him at Patna. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the statement of the victim u/S 164 of Cr.P.C., let the above named petitioner, 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 Shahpur P.S. Case No. 433 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T