Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35455 of 2023 Arising Out of PS. Case No.-91 Year-2020 Thana- AMBA District- Aurangabad ====================================================== KUNDAN KUMAR S/O RAGHUNATH MEHTA @ RAGHUNATH PRASAD R/O Village-Parta P.S. Amba, Dist-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366(A), 34 of the Indian Penal Code.

3.

Allegedly, the petitioner along with other co-accused persons entered into the house of the informant and forcibly took away her daughter on gun point.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the victim has not supported the prosecution case in her statement recorded under

Patna High Court CR. MISC. No.35455 of 2023(2) dt.27-07-2023 2/2 Section 164 of Cr.PC and has also stated that she has solemnized marriage with the petitioner and is also residing with the petitioner as married couple. Petitioner has no criminal antecedent.

5.

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

6.

Having regard to the facts and circumstances of the case as well as considering the statement of victim recorded under section 164 of Cr.P.C, let the above named petitioner, be released on bail, in the event of his/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 Amba P.S. Case No.91 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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