Badri Kumar @ Badri Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33864 of 2023 Arising Out of PS. Case No.-191 Year-2021 Thana- BISFI District- Madhubani ====================================================== BADRI KUMAR @ BADRI KUMAR SAH son of Panjabi Sah VillageSohsa Ps- Bisfi (Patauna OP) Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 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 363, 366A, 34 of the Indian Penal Code.

3. The petitioner is said to have kidnapped the daughter of the informant.

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 victim was recovered and her statement was recorded U/s 164 of Cr.P.C., in which she has stated that she went with coaccused Ramchandra Sah on the assurance of job and she has

Patna High Court CR. MISC. No.33864 of 2023(4) dt.06-11-2023 2/2 not supported the prosecution case. He further submits that occurrence took place on 14.06.2021 but the F.I.R. was lodged on 09.08.2021, after delay of 54 days without explaining any reasonable cause of delay. He also submits that the victim has denied for the medical examination, this fact has also come in the case diary. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case, 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 Bisfi (Patauna O.P) P.S. Case No. 191 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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