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Patna High CourtCR. MISC./40764/2022allowed

Kishan Kumar v. The State Of Bihar

2022-11-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40764 of 2022 Arising Out of PS. Case No.-336 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== KISHAN KUMAR Son of Anil Mishra Resident of village - Bangaon, P.S. - Bajpatti, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Adv For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 363, 366(A)/34 of the IPC.

Allegedly, the informant has a suspicion that the petitioner alongwith other accused persons have kidnapped his daughter with a view to perform marriage.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.40764 of 2022(2) dt.24-11-2022 2/2 omnibus in nature. He further submits that the victim in her statement recorded u/s 164 Cr.P.C. has not supported the prosecution case. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Bajpatti P.S. Case No.336 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T