Patna High CourtCR. MISC./48205/2024allowed

Mithun Kumar @ Mithoon Kumar Bantar v. The State Of Bihar

2024-07-12Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48205 of 2024 Arising Out of PS. Case No.-98 Year-2022 Thana- ANDHRATHARHI District- Madhubani ====================================================== Mithun Kumar @ Mithoon Kumar Bantar S/o Suresh Bantar, R/o VillageMarukiya Ward No. 7, P.S- Andhrathadhi, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeep Yadav, Advocate.

Mr. Ravi Prakash, Advocate.

Mr. Udeshya Kumar Yadav, Advocate.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Andhrathadhi P.S. Case No.98 of 2022 instituted under Sections 366(A)/34 of the Indian Penal Code.

3. As per the prosecution case, all the accused persons including the petitioners have kidnapped the sister of the informant with a view to marriage. Informant also raise suspicion that the accused persons will sell or kill his sister.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that only on the basis of suspicion, the name of petitioner has been implicated in this case. Learned counsel submits that the victim in her statement recorded under Section 164 of Cr.P.C. has not made any allegation against the

Patna High Court CR. MISC. No.48205 of 2024(2) dt.12-07-2024 2/2 petitioner. Learned counsel submits that similarly situated coaccused persons have already been granted bail by this Court vide orders dated 08.05.2024 & 05.07.2024 passed in Cr. Misc. No.18988 of 2024 and Cr. Misc. No.46637 of 2024 respectively. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned J.M. Ist Class, Jhanjharpur, District Madhubani in connection with Andhrathadhi P.S. Case No.98 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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