Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36997 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Sanjeev Kumar Son of Manoj Yadav @ Manoj Dey, Resident of VikllageSadanandpur Tola, Rasidpur, P.S.- Balia, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Balia P.S. Case No. 286 of 2021, lodged under Sections 363, 366(A), 34 of the Indian Penal Code.

As per prosecution case, the F.I.R. has been filed by the father of alleged victim against petitioner and one unknown criminal. The allegation of kidnapping is there in the F.I.R. against the petitioner.

Learned counsel for the petitioner submits that from the contents of F.I.R., it transpires that the date of occurrence is of 30.08.2021 but the present F.I.R. has been lodged on 11.09.2021 i.e. after lapse of about 11 days. He further submits that petitioner is innocent and has committed no offence. He

Patna High Court CR. MISC. No.36997 of 2022(3) dt.16-11-2022 2/2 also submits that antecedent of petitioner is clean and he is in custody since 13.04.2022. Learned counsel further submits that the alleged victim has been recovered and deposed her statement under Section 164 of Cr.P.C. before the Court, in which she has not made any allegation against the present petitioner and submits that she suo moto by herself left the house, she has also narrated the story of cruelty made by his father.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 286 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T