Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37845 of 2022 Arising Out of PS. Case No.-38 Year-2021 Thana- RANIGANJ District- Araria ====================================================== CHHOTU KUMAR S/O VILASH RISHIDEV Resident ofVillage- Badhowa Ward No.- 15, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366A/34 IPC. Allegedly, daughter of the informant is said to have been kidnapped by FIR named accused persons including the petitioner for the purpose of marriage.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ill motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific

Patna High Court CR. MISC. No.37845 of 2022(2) dt.29-09-2022 2/2 rather general and omnibus in nature. No offence u/s 366A IPC is made out against the petitioner as the petitioner has not kidnapped the victim girl rather she has gone with the petitioner out of her own sweet will due to love affair between them. In her statement recorded u/s 164 Cr.P.C., she has not supported the prosecution case. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Raniganj P.S. Case No.38 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T