Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51170 of 2022 Arising Out of PS. Case No.-291 Year-2020 Thana- CHANDI District- Nalanda ====================================================== Abhimanyu Kumar Son of Ramanuj Mahto Resident of Village - Lahladpur, Mohanpur, P.S.- Gaurichak, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shyamal Prakash, Advocate For the Opposite Party :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 366 (A) / 34 of the Indian Penal Code.

Allegedly, the petitioner along with his brother-in-law is said to have kidnapped the daughter of the informant and had stolen Rs. 53,000/-, an earring and a payal from his house. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.51170 of 2022(2) dt.12-12-2022 2/2 omnibus in nature. The petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that the statement of the victim was recorded under Section 164 of the Cr.P.C. in which she has not taken the name of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State vehemently opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and materials available on record, as the victim has not taken the name of the petitioner, 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 Chandi P.S. Case No. 291 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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