Abhishek Kumar Batar @ Abhishek Kumar Bantar @ Abhishek Bantar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46637 of 2024 Arising Out of PS. Case No.-98 Year-2022 Thana- ANDHRATHARHI District- Madhubani ====================================================== Abhishek Kumar Batar @ Abhishek Kumar Bantar @ Abhishek Bantar, son of Shiv Kumar Batar, Village- Marukiya W.No-7, Ps- Andhrathadhi DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per the prosecution case, all the accused persons including the petitioner 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 he has been implicated in this case. Learned counsel for the petitioner submits that the victim in her statement recorded under Section 164 of Cr.P.C. has not made any allegation

Patna High Court CR. MISC. No.46637 of 2024(2) dt.05-07-2024 2/2 against the petitioner. He further submits that similarly situated co-accused namely Jitendra Kumar @ Jitendra Kumar Bantar and Lalita Devi have already been granted anticipatory bail by this Court vide order dated 08.05.2024 passed in Cr. Misc. No. 18988 of 2024. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial of this case.

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 petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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) khushbu/- U T