Ayush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37786 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- GANGTA District- Munger ====================================================== 1.

Ayush Kumar SON OF PURUSHOTTAM KUMAR @ PAWAN KUMAR Resident of Village -Milki Bichala Tola, P.S-. Gangta District- Munger 2.

PURUSHOTTAM KUMAR @ PAWAN KUMAR SON OF MURLIDHAR SINGH VILLAGE- BHIMBER, PS- KONCH, DIST- GAYA 3.

PRATIBHA DEVI WIFE OF PURUSHOTTAM KUMAR @ PAWAN KUMAR VILLAGE- BHIMBER, PS- KONCH, DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Upadhyay, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

Learned counsel for the petitioners is directed to correct the cause-title of bail petition in course of the day. 3.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 363, 366(A)/34 of the IPC. 4.

Allegation against the petitioners is that they along with other co-accused persons have kidnapped the niece of the informant.

5.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.37786 of 2024(3) dt.20-09-2024 2/3 They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent and one co-accused Dimpal Kumari has been granted anticipatory bail by this Court vide order dated 09.02.2024 passed in Cr. Misc. No.4625 of 2024. 6.

Learned APP for the State opposed the prayer for bail. 7.

Having regard to the facts and circumstances of the case, considering that petitioner no.3 is a female and that similarly situated female co-accused has been granted bail, let the above named petitioner no.3, be released on bail, in the event of her 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 Gangta P.S. Case No.141/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 8.

However, considering that the victim is still traceless, I am not inclined to enlarge the petitioner nos.1 and 2 on anticipatory bail. The prayer for grant of bail on their behalf is

Patna High Court CR. MISC. No.37786 of 2024(3) dt.20-09-2024 3/3 hereby rejected.

9.

This application is accordingly partly allowed. (Anjani Kumar Sharan, J) pallavi/- U T