Anoj Ram @ Anoj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55775 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== Anoj Ram @ Anoj Kumar Ram Son Of Mako Ram @ Makesar Ram Resident Of Village- Kaindi, Ps- Halsi, Distt- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Halsi P.S. Case No.89 of 2022, F.I.R. dated 01.04.2022 registered for the offence punishable under Sections 363, 366(A) of the IPC.

3. As per the FIR, the informant has alleged that his wife had gone to the field for uprooting the crops and upon returning, found her minor daughter untraceable. Subsequently, the villagers told that they have seen Anoj Ram and Arvind Ram have taken away their daughter on a motorcycle. When they visited their home, they were abused. Accordingly, the FIR was lodged.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and has falsely been implicated

Patna High Court CR. MISC. No.55775 of 2023(3) dt.08-11-2023 2/3 in the present case merely on the basis of suspicion. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that the statement recorded under Section 164 Cr.P.C. in which she has not supported the case of the prosecution.

5. Learned APP for the State, on the other hand vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Halsi P.S. Case No.89 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.55775 of 2023(3) dt.08-11-2023 3/3 on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below. (ii) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of anticipatory bail.

(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of anticipatory bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Prakash Narayan U T