Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.751 of 2021 Arising Out of PS. Case No.-531 Year-2020 Thana- KANKARBAG District- Patna ====================================================== CHANDAN KUMAR SON OF SRI RAM VILAS MISTRI RESIDENT OF VILLAGE - SHAHAR TELPA, P.S. - KARPI, DISTRICT - ARWAL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh- Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-08-2021 Heard Mr. Arvind Prasad Singh, the learned Advocate for the petitioner and Mr. Bishweshwar Ram, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kankarbagh P. S. Case No.531 of 2020, instituted for the offences under Sections 363, 366(A)/ 34 of the Indian Penal Code.

The informant has alleged that his 17 years' old daughter has become traceless. He harboured suspicion against one Suraj Kumar. Two mobile telephone numbers were given by the informant.

It has been submitted on behalf of the petitioner that he is not related to Suraj Kumar nor does he own any mobile telephone with aforesaid numbers. The victim has returned and

Patna High Court CR. MISC. No.751 of 2021(5) dt.23-08-2021 2/3 has also given a statement under Section 164 of the Cr.P.C. In the aforesaid statement, she has stated that one Gayatri Kumari wanted to sell her to the petitioner but somehow or the other she could back home along with the brother of the aforesaid Gayatri Kumari. She in her statement recorded under Section 164 of the Cr.P.C. has therefore referred to Suraj Kumar as brother of Gayatri Kumari on whose asking she has gone out of the house. There is no basis for the information that Gayatri Kumari wanted to sell her to the petitioner. The petitioner is stated to be a thespian with career in Bhojpuri films. There is no reason why he has been made accused in this case. The local panchayat officials have testified to his good conduct.

Regard being had to the afore-stated facts and the vague nature of statement made by the victim against the petitioner, he, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Madhawi Singh, the learned Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P. S. Case No.531 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.751 of 2021(5) dt.23-08-2021 3/3 While saying so, the Court has also taken note of the fact that the petitioner uptil-now has not been made accused in any criminal case.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T