Patna High CourtCR. MISC./58884/2024allowed

Himanshu Kumar v. The State Of Bihar

2024-11-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58884 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Himanshu Kumar S/O Kailash Sah R/O Village- Deori, P.S.- Parbatta, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== 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 Sections 366(A)/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he along with other co-accused persons had abducted the sister 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 that statement of the victim was recorded under Section 164 of the Cr.P.C., in which she has not supported the prosecution

Patna High Court CR. MISC. No.58884 of 2024(3) dt.19-11-2024 2/2 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 Parbatta P.S. Case No. 168 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