Arvind Kumar Das @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48971 of 2022 Arising Out of PS. Case No.-459 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== ARVIND KUMAR DAS @ ARVIND KUMAR, (Male), aged about 38 years, Son of Harilal Das, Resident of Village - Chak Abdulganj, Ward No.- 4, P.S.- Muffasil, District - Samastipur.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Jailal Paswan, (Male), aged about 60 years, Son of Late Mishri Paswan, Resident of Village - Chak Abdulganj, Ward No.- 3, P.S.- Muffasil, District - Samastipur.

3.

Anita Kumari, (Female), aged about 20 years, daughter of Kishori Paswan, Wife of Kapileshwar Kumar @ Shukla Paswan, Resident of Village - Pataili Purvi (Chiranjivi Tola), Ward No.- 8, P.S.- Ujjiarpur, District - Samastipur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Advocate and Mr. Narsingh Tanti, Advocate.

For the Informant : Mr. Rana Sanjay Singh, Advocate For the State :

Mr. Raj Ballabh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned A.P.P. 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 seeks bail in connection with

Patna High Court CR. MISC. No.48971 of 2022(2) dt.20-12-2022 2/3 Muffasil P.S. Case No. 459 of 2021 registered for the offence under Sections 366, 120(B)/34 of the I.P.C. The prosecution case, in brief, is that the petitioner Arvind Kumar Das and one co-accused Rajiv Kumar kidnapped the victim after intoxicating her and took her to Delhi.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.07.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded. There is no allegation of physical or sexual assault has been alleged against the petitioner. The case has been instituted after two months of the alleged occurrence.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.48971 of 2022(2) dt.20-12-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IInd, Samastipur, in connection with Muffasil P.S. Case No. 459 of 2021.

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