Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48887 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- BELA District- Sitamarhi ====================================================== Santosh Kumar, S/O Sunil Sah Resident Of Village- Mangaur, P.S.- Bela, District- Sitamarhi.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Jha- Advocate For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 363, 366(A), 341, 323, 504, 506/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his daughter had gone to the agricultural field for getting fodder for the animals, but when she did not return, search was made and the informant came to know that four accused persons have kidnapped her daughter including the petitioner.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The

Patna High Court CR. MISC. No.48887 of 2021(3) dt.30-06-2022 2/2 victim has returned and her statement was recorded under Section 164 of the Cr.P.C. wherein she has not supported the prosecution case.

Learned A.P.P. fairly submits that after perusing the case diary that the victim has not supported the prosecution case in her statement recorded under Section 164 of the Cr.P.C. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Balia P. S. Case No.106 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T