Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46270 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.
Anand Kumar son Bechu ram Village- Jamurni Po- Kramnasha PsDurgawati Dist- Kaimur 2.
Arjun Ram @ Arjun Kumar @ Arun Kumar son of Ramu Ram VillageJamurni Po- Kramnasha Ps- Durgawati Dist- Kaimur 3.
Gautam Ram son of Dularchand Ram Village- Jamurni Po- Kramnasha PsDurgawati Dist- Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Tripathy For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Learned counsel for the petitioners submits that the petitioner no. 2 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 2
2. Permission is granted.
3. Accordingly, this application with regard to petitioner no. 2 is dismissed as withdrawn.
4. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.
5. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366A
Patna High Court CR. MISC. No.46270 of 2024(2) dt.24-07-2024 2/3 of the Indian Penal Code.
6. Petitioners are said to have kidnapped the daughter of the informant.
7. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is love affair between the son of petitioner no. 2 and the victim girl. He submits that Section 366A of the IPC is not made out against the petitioners because they have not absconded the victim girl, she has gone along with co-accused Kuldeep Ram with her sweet will. He submits that there is specific overt act against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
8. Learned APP for the State opposes the prayer for bail.
9. Considering the facts and circumstances of the case, let the above named petitioner no. 1 and 3 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.46270 of 2024(2) dt.24-07-2024 3/3 pending/successor court in connection with Durgawati P.S. Case No. 98 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T