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Patna High CourtCR. MISC./50716/2024allowed

Shashi Kumar Singh v. The State Of Bihar

2024-08-21Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50716 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Shashi Kumar Singh S/o Late Ram Swarath Singh Resident of Village Bedaul Adam, PS Purnahiya, Distt. - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar, Adv For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner apprehends his arrest in connection with Purnahiya P.S.Case No. 43 of 2024 dated 10.05.2024 instituted for the offence punishable under Sections 363,366 (A)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant's minor daughter was kidnapped by FIR named accused persons including the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case, The main allegation is against the co-accused Ravi Kumar, who was found juvenile as per school record and the victim is also minor as per the report of Anganbari Sevika.

Patna High Court CR. MISC. No.50716 of 2024(2) dt.21-08-2024 2/3 Learned counsel for the petitioner further submits that the petitioner happens to be uncle of the accused Ravi Kumar. It is further submitted that petitioner as well as father of accused Ravi Kumar were living separately since long. It is further submitted that statement of victim has been recorded under section 164 of the Cr.P.C in which she has not whispered a single word against the petitioner. The petitioner has clean antecedent.

5. Learned A.P.P for the State has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioner within a period of six weeks from today, in connection with Purnahiya P.S.Case No. 43 of 2024, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sheohar, subject to condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

N.K/- (Khatim Reza, J) U T

Patna High Court CR. MISC. No.50716 of 2024(2) dt.21-08-2024 3/3