Munna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41525 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== MUNNA CHAUDHARY S/o Shivcharan Chaudhary R/o village- Bilari, P.S.- Katrisarai, District- Naladna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-11-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363,366A of IPC.

The prosecution case, in short, is that on 17.02.2022, the informant suspected that Prasadi @ Prasadi Kumar and petitioner conspired and kidnapped his minor daughter and they can do something wrong with her.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.41525 of 2022(2) dt.07-11-2022 2/3 petitioner has clean antecedent. He has falsely been implicated in the present case. In fact the petitioner is father of the coaccused namely Prasadi @ Prasadi Kumar. Further submits that the victim was recovered and her statement under Section 164 Cr.P.C. was recorded in which she has categorically stated that she went with co-accused Prasadi @ Prasadi Kumar to Delhi and the petitioner has no concern at all and in fact the petitioner is father of the co-accused so the petitioner has falsely been implicated in the present case and the co-accused namely Prasadi @ Prasadi Kumar has been granted bail by the learned court below itself.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 court below where the case is pending in connection with Giriak (Katrisarai) P.S. Case No. 87 of 2022, subject to the conditions

Patna High Court CR. MISC. No.41525 of 2022(2) dt.07-11-2022 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T