Pappu Giri @ Pappu Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58525 of 2021 Arising Out of PS. Case No.-262 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== PAPPU GIRI @ PAPPU KUMAR GIRI Son of Naresh Giri Resident of Village - Amana, Ward No.- 10, P.S.- Sursand, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhusudan Rai For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sursand Police Station Case No. 262 of 2018, disclosing offences under Sections 363/366(A)/372/34 of the Indian Penal Code.

The prosecution case, as disclosed in the First Information Report, is that the minor daughter of the informant was abducted by three persons, namely, Mukesh Yadav, Rakesh Yadav and Sonu Mandal, with the help of Geeta Devi, mother of the petitioner, and when the informant went to the house of the petitioner and enquired about his minor daughter, the petitioner abused and threatened him.

Patna High Court CR. MISC. No.58525 of 2021(3) dt.01-12-2021 2/3 Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence in the manner alleged and from the statement made in the First Information Report, it would be evident that the allegation of abducting the minor daughter of the informant is upon coaccused persons, namely, Mukesh Yadav, Rakesh Yadav, Sonu Mandal and Geeta Devi and the only allegation against the petitioner is that he abused and threatened the informant. He further submits that the investigation is still going on and no charge sheet has been filed against the petitioner and the petitioner has got no criminal antecedent.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the materials available on record and the fact that there is no allegation that the petitioner abducted the minor daughter of the informant and charge sheet has been filed against the mother of the petitioner, namely, Geeta Devi, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Pappu Giri @ Pappu Kumar Giri, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.58525 of 2021(3) dt.01-12-2021 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Sitamarhi, in connection with Sursand Police Station Case No. 262 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √