Bineet Kumar Karn @ Bineet Kumar Karan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38201 of 2020 Arising Out of PS. Case No.-87 Year-2020 Thana- RUDRAPUR District- Madhubani ====================================================== Bineet Kumar Karn @ Bineet Kumar Karan S/o Premkrishna Lal Karn R/o Village- Navnagar, P.S- Rudrapur, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in connection with Rudrapur P.S. case No.87/2020 registered under Sections 363 and 366(A)/34 of the Indian Penal Code.

Allegation is that the petitioner along with co-accused abducted the daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.38201 of 2020(2) dt.02-08-2021 2/3 present case. The victim has been recovered. As per her statement, she was made to sit in a Bus, which went to Delhi and where her father and Bua had received her. The entire occurrence is said to have taken place on 13.07.2020 and the case was instituted on 04.08.2020. Delay has not been explained by the prosecution. As per statement of the victim made under Section 164 of Cr.P.C., there is no allegation of physical assault as alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate II, Jhanjharpur, District Madhubani in connection with Rudrapur P.S. case No.87/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.38201 of 2020(2) dt.02-08-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T