Nibhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47824 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== NIBHASH KUMAR SON OF SANJAY YADAV RESIDENT OF VILLAGEDUMARIA, WARD NO. 11, PS- MURLIGANJ, DISTT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP For the Informant :

Mr.Uday Chand Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 365, 506, 34 of the IPC. 3.

Allegedly, the F.I.R. named accused persons including the petitioner are said to have kidnapped the daughter of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the victim was married to

Patna High Court CR. MISC. No.47824 of 2023(2) dt.24-08-2023 2/2 one Deepak Kumar in 2022 but when she returned to her parental house, she married with the petitioner on her own sweet will. Statement of the victim was recorded u/s 164 Cr.P.C. in which, she has not supported the prosecution case. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gwalpara (Arar O.P.) P.S. Case No.72/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T