Vivek Kumar @ Vicek Kumar @ Vivke Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46311 of 2024 Arising Out of PS. Case No.-370 Year-2023 Thana- PIPRA District- Supaul ====================================================== 1.

Vivek Kumar @ Vicek Kumar @ Vivke Kumar Son of Rajendra Ram R/O Vill.- Thumha, Ward no.-07, P.S.- Pipra, Dist.- Supaul 2.

Guddu Kumar Son of Chhutahru Ram R/O Vill.- Thumha, Ward no.-07, P.S.- Pipra, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 363, 366(A) of the Indian Penal Code.

3. Allegedly, the petitioners are said to have abducted the minor daughter of the informant.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and they have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. It is further

Patna High Court CR. MISC. No.46311 of 2024(2) dt.24-07-2024 2/2 submitted that the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case and submitted that she had gone to her maternal grandmother's home without informing her parents. Petitioner no.1 has one criminal antecedent, whereas petitioner no.2 has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the victim girl has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C., let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Pipra P.S. Case No. 370 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T