Manish Kumar @ Aftab Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33023 of 2023 Arising Out of PS. Case No.-249 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

MANISH KUMAR @ AFTAB MANISH KUMAR Son of Ajay Ram Resident of village - Pipra Khurd, P.S. - Parihar, Distt. - Sitamarhi 2.

Santosh Pathak @ Santosh Kumar Jha Son of Sadanand Pathak @ Sadanand Jha Resident of village - Pipra Khurd, P.S. - Parihar, Distt. - Sitamarhi 3.

Raman Kumar @ Raman Pathak Son of Rekha Pathak @ Ram Rekha Thakur Resident of village - Pipra Khurd, P.S. - Parihar, Distt. - Sitamarhi 4.

Sonu Pathak @ Jai Prakash Pathak Son of Dhaneshwar Pathak Resident of village - Pipra Khurd, P.S. - Parihar, Distt. - Sitamarhi 5.

Ajay Ram Son of Gurkan Ram Resident of village - Pipra Khurd, P.S. - Parihar, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Parihar P.S. Case No. 249 of 2019 registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that petitioners kidnapped her minor daughter aged about sixteen years.

Patna High Court CR. MISC. No.33023 of 2023(2) dt.01-08-2023 2/2

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that the victim did not support the case in her statement recorded under Section 164 of the Cr.P.C., it is further submitted that even the police after investigation submitted final form finding the petitioners to be innocent but the learned trial court differing with the police report took cognizance and thus the petitioners apprehend arrest.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Parihar P.S. Case No. 249 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T