Chandan Kumar @ Mithu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58595 of 2024 Arising Out of PS. Case No.-853 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Chandan Kumar @ Mithu S/O Raju Patel R/O Village- Uttarwari Pokhara, M.J.K. Nagar, Ward No. 5, P.S- Kalibag O.P., Distt.- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rajendra Mahto S/O Late Bhala Mahto R/O Village- Uttarwari Pokhara, M.J.K. Nagar, Ward No. 5, P.S- Bettiah Town, Kalibag O.P., Dist.- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Tiwary For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 366A of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he had abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.58595 of 2024(3) dt.19-11-2024 2/2 the victim in her statement under Section 164 of Cr.P.C., has not supported the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the statement of the victim under Section 164 of Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court below where the case is pending/successor Court in connection with Bettiah Town Kalibag O.P. P.S. Case No. 853 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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