Sheoshankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58988 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SHEOSHANKAR KUMAR S/o Shyamnath Singh Resident of VillageSaripur, P.S.- Sandesh, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections 363, 365, 506/34, 366(A)/376/120(B)/34 of the Indian Penal Code and Section-4 of POCSO Act.

Prosecution case in short is that the minor daughter of the informant went to Mukul Coaching Centre, Udwantnagar but she did not return. The informant suspected that the accused persons have kidnapped the victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is not

Patna High Court CR. MISC. No.58988 of 2021(2) dt.04-04-2022 2/2 named in the FIR. His name transpired in this case in course of investigation. There is no allegation of abduction or commission of rape alleged against the petitioner. As per the statement of the victim recorded under Section-164 of the Cr.P.C., the allegation is against the co-accused namely, Mukesh Kumar, Vicky Kumar, Manish Kumar and Prince Kumar.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned A.D.J.-VI, Bhojpur (Ara) in connection with Udwant Nagar P.S. Case No. 155 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T