Shahanshah @ Vikky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45102 of 2019 Arising Out of PS. Case No.-687 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== Shahanshah @ Vikky, S/o Jahangir Alam R/o village- Kagzia Basti ward no. 15, P.S.- Kishanganj, Distt.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends his arrest in connection with Kishanganj P.S. Case No.687 of 2018, for the offence punishable under Sections 363, 366(A) of the Indian Penal Code.

The prosecution story as per FIR is that the daughter of the informant have been abducted by one Md. Nadeen@ Sonu with the help of his friends. The name of the petitioner has transpired during the course of investigation that auto (toto) of the petitioner was used in kidnapping of the girl of the informant.

Mr. Ram Pravesh Kumar, learned counsel appearing

Patna High Court CR. MISC. No.45102 of 2019(3) dt.30-09-2019 2/3 for the petitioner submits that petitioner has falsely been implicated inasmuch as the petitioner was plying the toto(auto) in the area and his auto was booked by some of the persons and the petitioner was having no knowledge about the kidnapping of the victim girl.

Learned counsel for the State referring the case diary and statement of the victim girl recorded under Section 164 Cr.P.C. submits that the girl was kidnapped by two other persons and was taken on a bus with the help of the petitioner. Having heard learned counsel for the parties and taking into consideration the fact that in her statement under Section 164 Cr.P.C., the victim girl has disclosed the name of two persons who kidnapped her and handed over her to Md. Nadeen, i.e., main accused named in the FIR and the petitioner did not accompany with the girl, I am inclined to grant to anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.45102 of 2019(3) dt.30-09-2019 3/3 C.J.M., Kishanganj, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T