Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50369 of 2024 Arising Out of PS. Case No.-124 Year-2022 Thana- BHELDI District- Saran ====================================================== SUSHIL KUMAR S/O KANHAIYA PRASAD R/O VILLAGE- JOGANI, P.S- BHELDI, DISTT.- SARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A), 120(B), 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have kidnapped the grand daughter of the informant.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is specific allegation against coaccused Manish Kumar. He further submits that co-accused

Patna High Court CR. MISC. No.50369 of 2024(2) dt.07-08-2024 2/2 Manish Kumar and victim are majors and they solemnized their marriage as per their sweet will. He also submits that mother and father of the co-accused Manish Kumar has already been granted anticipatory bail by this Court vide order dated 04.02.2023 passed in Cr. Misc. No. 580 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, 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 lower Court where the case is pending/successor Court in connection with Bheldi P.S. Case No.124 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T