Pappu Kumar @ Bita v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1487 of 2016 ====================================================== Pappu Kumar @ Bita son of Raj Bansh Choudhary .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nagendra Prasad, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366A, 504 and 506/34 of the Indian Penal Code.
Accusation is of abducting the minor daughter of the informant namely Subham Kumari @ Sneha Kumari by 12 FIR named accused persons.
It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement the victim got her as recorded as 17 years when the learned court below assessed as such wherein she has stated that she was abducted by 3-4 unknown persons on 14.04.2015 by putting some sedative material on her, as a result she got unconscious and when she regain senses she found herself in Patna and phoned her friend Raushan Kumar and thereafter Raushan Kumar took her to Surat. She also stated that the FIR
Patna High Court Cr.Misc. No.1487 of 2016 (2) dt.12-01-2016 2/2 named accused persons are not involved in the offence. Moreover, similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate bench of this Court vide Criminal Miscellaneous No.29673/2015. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the fact that the petitioners were not named in the 164 Cr.P.C. statement of the victim and similarly situated accused persons have been granted anticipatory bail, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class-cumAdditional Munsif, Bikramganj, Rohtas, in connection with Dinara (Bhanas) P.S. Case No.145/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T