Binod Singh @ Kalika v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39374 of 2023 Arising Out of PS. Case No.-615 Year-2022 Thana- PIRO District- Bhojpur ====================================================== Binod Singh @ Kalika, aged about 53 years (Male), Son of Late Hiranand Singh Resident of village - Saneya, P.S. - Piro, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Piro P.S. Case No. 615 of 2022 dated 16.11.2022 instituted under Section 366A of the Indian Penal Code.

3. As per the prosecution case, the son of the petitioner namely, co-accused Akhilesh Singh has taken away the minor daughter of the informant somewhere on allurement.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has been implicated in this case due to being father of co-accused Akhilesh Singh. The victim in her statement recorded under Sections 161 and 164 of the Cr.P.C. has not alleged anything against the petitioner, denied the prosecution version and said

Patna High Court CR. MISC. No.39374 of 2023(2) dt.28-07-2023 2/2 that she had gone to the maternal aunt as she was scolded due to coming late from tuition classes. Learned counsel submits that the petitioner has no criminal antecedent. Learned counsel further submits that co-accused Akhilesh Kumar has already been granted the privilege of anticipatory bail by the learned Court below itself.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Bhojpur, Ara in Piro P.S. Case No. 615 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T