Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44839 of 2023 Arising Out of PS. Case No.-205 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== Santosh Prasad Son of Late Baliram Prasad Resident of Village- Hariharpur Kala, P.S. - Jamo Bazar, District - Siwan.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Jamo Bazar P.S. Case No. 205 of 2020 registered for the offence punishable under Sections 363, 366 (A)/34 of the Indian Penal Code.

3. As per prosecution case, the daughter of the informant fled away with the petitioner due to love affair for the purpose of marriage.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner has no concern with the alleged occurrence. The informant has already filed a petition before the learned court below stating that his daughter has fled away with some other

Patna High Court CR. MISC. No.44839 of 2023(2) dt.29-08-2023 2/2 boy due to love affairs and there is no role of the petitioner, his wife and his daughter in the kidnapping of the daughter of the informant. He further submits that the F.I.R. was lodged after 20 days of the occurrence without any plausible explanation. The petitioner has been made accused on the basis of suspicion due to village politics.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate-X, Siwan in connection with Jamo Bazar P.S. Case No. 205 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) shweta/- U T