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Patna High CourtCR. MISC./56184/2024allowed

Bipin Chaudhary @ Bipin Kumar v. The State Of Bihar

2024-09-25Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56184 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Bipin Chaudhary @ Bipin Kumar Son of Brahamdeo Chaudhari @ Baramdev Chaudhari @ Brahmadevb Chaudahry, R/o Vill.- Ramraychak, P.S.- Parnadabar, Dist.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate.

For the State :

Mr. Khurshid Anwar, A.P.P.

For the Informant :

Mr. Sudish Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Parnadabar P.S. Case No.90 of 2024 instituted under Sections 363, 365 and 366(A) of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that the petitioner had kidnapped her minor daughter who is also missing from his house.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that except the suspicion there is no material against the petitioner. Learned counsel submits that the victim in her statement recorded under Section 164 of Cr.P.C.

Patna High Court CR. MISC. No.56184 of 2024(3) dt.25-09-2024 2/3 has not made any allegation against the petitioner. He further submits that there is no medical examination of the victim as she herself refused to conduct medical examination. Learned counsel further submits that the petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Parnadabar P.S. Case No.90 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 with further following conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.56184 of 2024(3) dt.25-09-2024 3/3 investigation and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(Sunil Dutta Mishra, J) Ritik/-Siwani/- U T