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Patna High CourtCR. MISC./6065/2021allowed

Guddu Kumar v. The State Of Bihar

2021-04-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6065 of 2021 Arising Out of PS. Case No.-280 Year-2020 Thana- ATRI District- Gaya ====================================================== Guddu Kumar Son of Rajo Yadav @ Rajesh Kumar Resident of Village - Yamunapur, P.S.- Atri, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr.Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Atri P.S. Case No.280 of 2020 registered for the offence punishable under Sections 366(A) and 34 of the Indian Penal Code. As per the prosecution case, minor daughter of the informant was kidnapped by the petitioner and other accused persons and was kept in the resident of co-accused. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.6065 of 2021(2) dt.16-04-2021 2/2 petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. There is no specific overt act or allegation against the petitioner. The statement of the victim was recorded u/s 164 Cr. P.C. and the victim has not taken the name of the petitioner. Other similarly situated co-accused namely Rakesh Kumar @ Rakesh Roushan has already been granted bail vide order passed in Cr. Misc. No.901 of 2021 dated 24.02.2021. The petitioner has no criminal antecedent and has been languishing in custody since 16.08.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM XIII, Gaya in connection with Atri P.S. Case No.280 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T