Shivendra Kumar Singh @ Shivendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51480 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== 1.

SHIVENDRA KUMAR SINGH @ SHIVENDRA SINGH SON OF LATE BISHWANATH SINGH RESIDENT OF VILLAGE- KANSARA, PSSUPPI, DISTT- SITAMARHI 2.

RAHUL SINGH @ MUNCHUN SINGH @ THAKUR RAHUL SINGH SON OF SHIVENDRA KUMAR SINGH @ SHIVENDRA SINGH RESIDENT OF VILLAGE- KANSARA, PS- SUPPI, DISTT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP For the Informant :

Mr.Sanjeev Kumar, Adv.

Mr.Ritesh Kumar Narain Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 363, 366A/34 of the IPC and 8 of the Protection of Child from Sexual Offences Act. 3.

As per the prosecution case, petitioners along with other co-accused forcibly kidnapped the minor daughter of the informant and when the informant tried to save her, they assaulted him.

Patna High Court CR. MISC. No.51480 of 2023(5) dt.11-12-2023 2/3 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. There is general and omnibus allegation against the petitioners. The specific allegation is against the co-accused Ashutosh Kumar Singh @ Chotu and Amit Kumar Singh. Petitioners have criminal antecedent as mentioned in para-3 of the bail petition and in the supplementary affidavit filed by the counsel for the petitioners.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail. Learned counsel for the informant submits that earlier the petitioners have suppressed their criminal antecedent and when he disclosed this fact, then a supplementary affidavit has been filed on behalf the petitioners stating the criminal antecedent.

6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against these petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties

Patna High Court CR. MISC. No.51480 of 2023(5) dt.11-12-2023 3/3 of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Suppi P.S. Case No.18 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T