Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47451 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- HILSA District- Nalanda ====================================================== CHINTU KUMAR Son of Vinod Prasad @ Vinod Ram Resident of Village - Rajan Bigha, P.S.- Chandi, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Hilsa P.S. Case N0. 191 of 2019, disclosing offences under Sections 365,394,379 of the Indian Penal Code. The informant is maternal uncle of the petitioner. The petitioner is said to have eloped with the informant's wife, who is missing since 23.04.2019.

Learned counsel appearing on behalf of the petitioner has submitted that the occurrence is said to have taken place on 23.04.2019 whereas the First Information Report has been registered on 26.04.2019 and there is absolutely no reason for delay of three days in lodging of the FIR. He has drawn my attention to Annexure-2 of this application to submit that the informant's wife was found missing in January, 2019 also and was found by

Patna High Court CR. MISC. No.47451 of 2019(3) dt.01-10-2019 2/2 Maharashtra Police in Bombay at Kalyan Railway Station. He has further submitted that the victim appears to be of unstable mental condition and because of some dispute between the informant and the petitioner's mother, a false case has been registered.

Be that as it may, considering the nature of accusation, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda in Hilsa P.S. Case No. 191 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U