Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36540 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== SANDIP KUMAR S/O MASUDAN SINGH R/O VILLAGE- HAIVATPUR, P.S- WARISALIGANJ, DISTT.- NAWADA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2024

1. 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 and 366(a) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that on 24.02.2023, her minor daughter aged about sixteen and half years went to attend nature's call, but did not return, thereafter hectic search was made, but the victim was not found. It is next alleged that the victim used to talk to the petitioner on mobile phone and both of them are missing since 24.02.2023, thus alleges that with help of the petitioner and

Patna High Court CR. MISC. No.36540 of 2024(2) dt.24-06-2024 2/3 other accused persons, her minor daughter was kidnapped.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and from perusal of the allegation as alleged in the F.I.R., it would manifest that victim and the petitioner were known to each other and even used to talk. It is further submitted that the victim has married the petitioner and out of the wedlock, a child was born. It is next submitted that the statement of the victim was recorded under Section 164 Cr.P.C. wherein she disclosed her aged as 22 years and has not supported the case of the prosecution as has been specifically pleaded at Para-7 of the anticipatory bail application.

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

6. 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 Warisaliganj P.S.

Patna High Court CR. MISC. No.36540 of 2024(2) dt.24-06-2024 3/3 Case No. 118 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the present anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T