Amar Kumar @ Amar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34939 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== AMAR KUMAR @ AMAR RAM S/o Bindeshwari Ram @ Bindeshwari Rawani @ Bhantu Rawani R/o village- Ramani Tola @ Rawani Tola, Ward No. 03, P.S.- Singheshwar, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, A.P.P.
:
Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.
The informant alleges that petitioner came to her house and took her daughter, Mamta, on the pretext that Mamta's husband was admitted in a hospital, but on inquiry informant came to know that her daughter along with her maternal grand-daughter have not reached their matrimonial home, thus, alleges that petitioner along with Sachin enticed her daughter and fled.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that the victim
Patna High Court CR. MISC. No.34939 of 2022(2) dt.28-11-2022 2/2 returned and her statement was recorded under Section 164 CrPC, wherein, she has not supported the prosecution case. Learned A.P.P. for the State and learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner but is not able to meet the submissions of the learned counsel for the petitioner that the victim in her statement recorded under Section 164 CrPC has not supported the prosecution case and also that the application submitted by the victim in the learned Trial Court after getting her statement recorded under Section 164 CrPC and that too after 6 months also does not inspire confidence.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bakhtiyarpur P.S. Case No. 114 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.