Bipin Kumar Sah @ Bipin Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42441 of 2024 Arising Out of PS. Case No.-355 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Bipin Kumar Sah @ Bipin Sah Son of Late Kartik Lal Sah @ Kartik Sah Village- Dhusmuri Bisanpur, P.S. -Muffasil, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Khagaria (Muffasil) P.S. Case No.355 of 2022 instituted under Sections 363 and 365 of the Indian Penal Code.
3. As per prosecution case, the informant's sister, who was married with petitioner, was traceless and it was suspected that the accused persons have abducted her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The victim lady was in love affair with other person and fled away from the house with her own will. He further submits
Patna High Court CR. MISC. No.42441 of 2024(2) dt.21-06-2024 2/3 that in Cr.Misc.No.41637 of 2022 a report was called for from the Superintendent of Police, Khagaria which was received. The report shows that the victim has been traced out in Rajasthan and she was produced in Hanumangarh Court for her statement where she has stated that she has remarried and she is residing in Rajasthan. The petitioner was not named in the F.I.R. There is general and omnibus allegation against all the accused persons. There is no specific allegation against the petitioner. Similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 28.07.2023 passed in Cr.Misc.No.39851 of 2023. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Khagaria (Muffasil) P.S. Case No.355 of 2022 corresponding to G.R. No.1015 of
Patna High Court CR. MISC. No.42441 of 2024(2) dt.21-06-2024 3/3 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T