Abhishek Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION CRIMINAL MISCELLANEOUS No.47921 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== Abhishek Das S/o Arun Das @ Arun Kumar R/o village- Farhangpur, P.S.- Chandi, Distt.- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sarveshwar Tiwary, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-12-2022 Learned counsel for the petitioner will remove all the defects as pointed out by office within two weeks from today. Heard learned counsel for the petitioner and Ms. Sharda Kumari, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Chandi P.S. Case No. 94 of 2022 registered for the offences punishable under Section 366(a) of the Indian Penal Code. He is in custody since 29.04.2022 having no criminal antecedent.

As per the prosecution story, the informant has alleged that his daughter was sleeping along in the house, in the morning, when he and his family members went in her room, she was not there in the room and after a lot of search he came to know that Abhishek Das and Vikash Das have kidnapped his

Patna High Court CR. MISC. No.47921 of 2022(2) dt.09-12-2022 2/3 daughter.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the victim girl is said to be minor but she has not of commission of any wrong act by this petitioner, she has herself stated about her love affair with the petitioner.

Ms. Sharda Kumari, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case even as this Court finds that the victim girl is said to be minor but she has not stated of commission of any wrong act by this petitioner, she has herself stated about her love affair with the petitioner and that she had accompanied him, however, petitioner is in custody since 29.04.2022 having no criminal antecedent, this Court directs release of the petitioner abovenamed on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - Vth, Bhojpur at Ara in connection with Chandi P.S. Case No. 94 of 2022, subject to the condition as laid down under Section 437

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(3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) Rajeev/- U T