Bigan Prasad @ Bigan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43920 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- DHANARUA District- Patna ====================================================== Bigan Prasad @ Bigan Yadav Son of Laldeo Prasad R/O Vill.- Dighwan, P.S.- Msaurih, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024

1. No one appears on behalf of the petitioner. Learned A.P.P. for the State is present.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

3. In compliance of the order dated 01.08.2024, the Station House Officer and the Investigating Officer of Dhanarua P.S. Case No. 154 of 2023 are present in person.

4. The S.H.O., Dhanarua Police Station submits that the victim has been recovered and her statement would be recorded under Section 164 Cr.P.C.

5. From perusal of the allegation as alleged in the FIR, it manifests that the informant alleges that his minor daughter aged about 16 years went to Masaurhi Bazar and from there she did not return, thereafter a hectic search was made but

Patna High Court CR. MISC. No.43920 of 2024(3) dt.02-08-2024 2/3 the victim could not be located. Further, the informant got an information that his daughter has been kidnapped by Mithu Kumar @ Iron Kumar, accordingly, he went to the house of the accused but no one was present there. Further, the informant met the petitioner who assured that the victim would be returned back on 23.03.2023 but thereafter he switched off his mobile.

6. On query of the Court from the S.H.O. that who is this petitioner Bigan Prasad @ Bigan Yadav on which he submits that he is brother-in-law of Mithu Kumar @ Iron Kumar.

7. It appears that no specific allegation is alleged against this petitioner and he being brother-in-law of Mithu Kumar @ Iron Kumar came to be implicated.

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

9. Considering the fact that petitioner is brother-inlaw of Mithu Kumar @ Iron Kumar and the allegation against him is general and omnibus in nature and the victim has been recovered, as such, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.43920 of 2024(3) dt.02-08-2024 3/3 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 Dhanarua P.S. Case No. 154 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

10. The personal appearance of the S.H.O. and the Investigating Officer of the case is dispensed with. (Satyavrat Verma, J) Kundan/- U T