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Patna High CourtCR. MISC./35652/2023allowed

Manish Kumar v. The State Of Bihar

2023-09-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35652 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== MANISH KUMAR SON OF INDRADEO DAS RESIDENT OF VILLAGEKHEMKARARPUR WARD NO. 16 , BIHAT, PS- BRAUNI, DISTTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 366/34 of the IPC. 3.

Allegation upon the petitioner is that he along with his brother Krishna Kumar and mother abducted the wife of the informant.

4.

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. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation of abducting the wife of the informant and his minor son is against the co-accused Krishna

Patna High Court CR. MISC. No.35652 of 2023(4) dt.11-09-2023 2/2 Kumar, who is the brother of the petitioner. Petitioner is a student of M.A. and mother of the informant has already been granted bail by the learned Court below. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

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 Bachhwara P.S. Case No.157/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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