Abhinandan Kumar @ Abhinandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49115 of 2021 Arising Out of PS. Case No.-270 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== ABHINANDAN KUMAR @ ABHINANDAN MANDAL S/O Sita Ram Mandal Resident of Mohalla - Khairaganj, Rambag, P.S. - Purnea Sadar, District - Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-03-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with K. Hat P.S. Case No. 270 of 2021 registered for the offence punishable under sections 363, 365 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. The present first information report has been lodged after one month of the alleged occurrence without there being any plausible explanation for the delay. Petitioner and the husband of the informant

Patna High Court CR. MISC. No.49115 of 2021(2) dt.25-03-2022 2/2 used to work together. As a matter of fact, after the death of the husband of the informant, in order to help her the petitioner had given money to her, but on demand the informant has lodged the present false case to escape from the liability, as is evident from Annexure-3. Petitioner is suffering from neuro problem and on the alleged date of occurrence petitioner had gone to Katihar for treatment of his daughter, as is evident from Annexures-4 and 5. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No. 270 of 2021 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T