← Library
Patna High CourtCR. MISC./52739/2021allowed

Manish Kumar v. The State Of Bihar

2022-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52739 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== MANISH KUMAR Son of Dilip Singh Resident of Village - Piyar , P.s.- Piyar, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code.

Allegedly, the minor daughter of the informant has been kidnapped by one Vikas Kumar in association with other accused persons including the petitioner.

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

Patna High Court CR. MISC. No.52739 of 2021(3) dt.22-06-2022 2/2 accused Vikas Kumar. It is submitted that the statement of the victim was recorded u/s 164 Cr.P.C., in which she has not taken the name of this petitioner rather she has taken the name of the co-accused Vikas Kumar. 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, since there is no specific overt act levelled against the petitioner, 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 connection with Bochaha P.S. Case No.30/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T