Anket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5288 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -AURAI District- MUZAFFARPUR ====================================================== Anket Kumar, Son of Shankar Mahto, resident of village- Chainpur Gharharba, P.S.- Aurai, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Aurai P.S. Case No.68 of 2015 registered for offences punishable under Sections 363 and 366(A) of the Indian Penal Code. Prosecution case is that on 30.04.2015 between 8-9 p.m. informant's daughter namely Ranjana Kumari aged about 16 years went to attend call of nature alone but did not return. The informant and his family members started searching her. On 01.05.2015 informant came to know that one Ram Babu Kumar (accused) of his village has kidnapped his daughter. The informant contracted the family members of accused Ram Babu Kumar who assured for handing over the girl and again on 04.05.2015

Patna High Court Cr.Misc. No.5288 of 2016 (2) dt.26-02-2016 2/3 informant went to the house of accused Ram Babu but the family members of accused Ram Babu Kumar namely Indu Devi, Lal Babu Kumar, Ranjeet Kumar, Sangeeta Devi, Rani Kumari and this petitioner threatened the informant and refused to hand over the girl to him.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated and does not bear any criminal history as is evident from paragraph-3 of this petition. It has further been stated that the main accusation has been levelled against Ram Babu Kumar and merely on the basis of suspicion the petitioner has been falsely implication. No specific allegation of kidnapping is against him and there is five days delay in lodging of F.I.R.

However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R. and opposes the prayer for bail.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with

Patna High Court Cr.Misc. No.5288 of 2016 (2) dt.26-02-2016 3/3 Aurai P.S. Case No.68 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J) N.H./- U T