Deep Narayan Bind @ Dip Narayan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52625 of 2023 Arising Out of PS. Case No.-296 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== DEEP NARAYAN BIND @ DIP NARAYAN BIND SON OF LATE RAM KHELAWAN BIND RESIDENT OF VILLAGE -SHIVNANDAN, PSSULTANGANJ, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Praveen Kumar, learned counsel appearing on behalf of the petitioner and Mr. Nagendra Prasad, learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Sultanganj P.S. Case No. 296 of 2023, dated 07.06.2023, registered under Sections 363, 365, 368, 34, 120 (B) of the Indian Penal Code.

3. As per accusation made in the F.I.R., about one year back the mail child of the informant was missing, and the said child was recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that allegation made in the F.I.R. is not sustainable because the incident, which had taken place according to the F.I.R. is one year before the F.I.R. has been

Patna High Court CR. MISC. No.52625 of 2023(2) dt.19-08-2023 2/2 lodged. The child has been recovered. The petitioner is not involved in any manner in kidnapping of the child.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the F.I.R. as well as the fact that the child has been recovered, 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist, Bhagalpur in connection with Sultanganj P.S. Case No. 296 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) pravinkumar/- U T